Bankruptcy Law

The bankruptcy judge rules by ordinance on requests, disputes and claims falling within his jurisdiction, as well as on claims against the acts of the receiver, the liquidator and the commissioner for the enforcement of the plan. When a matter is referred to him by petition, unless otherwise stipulated , he must observe the adversarial principle when ruling on a matter which is not covered by the  …

System of ordinances of the bankruptcy judge

The bankruptcy judge rules by ordinance on requests, disputes and claims falling within his jurisdiction, as well as on claims against the acts of the receiver, the liquidator and the commissioner for the enforcement of the plan. When a matter is referred to him by petition, unless otherwise stipulated , he must observe the adversarial principle when ruling on a matter which is not covered by the provisions of Article 493 of the Code of Civil Procedure relating to ordinances on petition .

The ordinances of the bankruptcy judge are res judicata when they settle a dispute in their operative part . This is not the case for an ordinance in which the bankruptcy judge merely authorizes the legal representative to take, where necessary, any appropriate action against a third party who has failed to comply with his commitments . The provisional execution of the ordinances of the bankruptcy judge must not be adopted, even if the chances of his decision being overturned, due to its lack of reasoning, appear sufficiently serious .

C. com., art. R. 621-21, applicable to the receivership procedure by reference to art. R. 641-11.

Cass. com., 6 June 1995, LawLex202100005027JBJ (RJ).

Cass. com., 19 December 2000, LawLex202100002189JBJ (LJ).

Cass. com., 14 January 2004, LawLex202100004462JBJ (RJ).

Bankruptcy Law

677. System of ordinances of the bankruptcy judge

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677. System of ordinances of the bankruptcy judge

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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