Bankruptcy Law

The judgement opening the court-supervised liquidation appoints the bankruptcy judge , whose mission is “to ensure that the procedure runs smoothly and that the interests of all parties involved are protected” . If necessary, the court may appoint more than one judge, particularly when the debtor is a large company. The president of the court, if he has known the debtor under a preventive procedur …

Appointment of the bankruptcy judge

The judgement opening the court-supervised liquidation appoints the bankruptcy judge , whose mission is “to ensure that the procedure runs smoothly and that the interests of all parties involved are protected” . If necessary, the court may appoint more than one judge, particularly when the debtor is a large company. The president of the court, if he has known the debtor under a preventive procedure, cannot be appointed bankruptcy judge.

The law requires the appointed bankruptcy judge to possess certain qualities, both positive and negative, in order to fulfill his or her mission. Article L. 641-6 also lays down a rule of incompatibility: “[n]o spouse or partner bound by a civil solidarity pact, no relative or ally up to and including the fourth degree, of the individual debtor or of the managers, in the case of a corporate entity, may be appointed” as bankruptcy judge. When the opening of a an insolvency procedure is pronounced by the commercial court, the appointed judge must have at least two years' seniority . Lastly, the appointed judge may not subsequently sit on the judging panels, nor take part in the decision .

He may be replaced by the president of the court if he is prevented from acting or if he ceases his duties, particularly in the event of illness, or if a conflict of interest arises . The president of the commercial court may not himself replace the bankruptcy judge who is prevented from acting if he has not previously been designated as the substitute bankruptcy judge for the insolvency procedure . Similarly, the ordinance of a bankruptcy judge appointed to replace another, which admits a company's claim to its debtor's insolvency procedure, must be annulled if there is no indication in the ordinance that the debates were resumed after the new judge was appointed .

The bankruptcy judge may also be challenged. However, a request for recusal may only be made by a party to the insolvency procedure, failing which it will be inadmissible. This is not the case for a controller . In accordance with Article R. 641-13, the duties of the bankruptcy judge end on the day on which the liquidator's end-of-assignment report is approved.

C. com., art. L. 621-9, applicable to the court-supervised liquidation by reference to art. L. 641-11.

CA Besançon, 19 February 1993, LawLex202100005002JBJ (LJ), holding that the ordinance issued by the president of the court must be set aside for lack of jurisdiction in this case.

Cass. 2e civ., 24 September 1997, LawLex202100005004JBJ (LJ).

CA Versailles, 21 April 1997, LawLex202100005003JBJ (LJ).

Bankruptcy Law

674. Appointment of the bankruptcy judge

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

674. Appointment of the bankruptcy judge

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise