This document outlines the rules and effects of collective procedures, including judicial reorganization and liquidation, and the rights of creditors and debtors.
Extract
[...] it is just enough to prove difficulties that the company ne peut surmonter seule, without being in default of payment ? if the ENT is already in default ? the court converts the SJ into RJ 2. WHO CAN REQUEST THE OPENING OF SUCH A PROCEEDING ? only the manager, unlike the SJ and the RJ ? WHY? ? Car dans la SJ land the manager retains his management functions of the ENT ? DIFF FONDA AVEC LES AUTRES PC ATTENTION ? [...]
[...] the guarantees of the sureties are not affected by the extension. --CH. COM - 2009 ? company whose assets have been confused with another retains autonomy if it survives the closure of the collective procedure. DOCTRINAL DEBATE ? treat companies economically sound differently to avoid their unnecessary disappearance. TITLE IV - THE OPENING OF THE COLLECTIVE PROCEDURE THE INTERVENTION OF THE COURT THE SAVING PROCEDURE ART. L.620-1 - C.COM ? character volunteer from the opening. Only the debtor can request - SJ targets companies experiencing difficulties, in the absence of any payment cessation. [...]
[...] Confusion of assets sanctioning a abnormal management behavior. EXTENSION OF ACTION REGIME IN EXTENSION OF PROCEDURES CRITERIA APPLICABLE RULES NOTES AND JP 1. QUALITY TO ACT ? Who can request the extension? 1. The Judicial Administrator 2. The Judicial Mandatary 3. The Public Ministry ATTENTION ? The debtor and the creditors cannot act alone, but can contest the extension. 2. OBSTACLES EXTENSION ? If a restructuring plan has already been adopted ? If the company is closed due to insufficient assets CH. COM - 2000 ? [...]
[...] Fix the date of cessation of payments ? Designate the organs of the procedure. THE CHOICE OF THE PROCEDURE TO OPEN The I note that the legal conditions for the opening of such or such PC are met ? SJ payment default while RJ and LJ require payment default SITUATION OF PAYMENT DEFAULT AT OPENING 1. As of the date of the opening judgment 2. Ou at a previous date, within the limit of 18 months max suspect period : art. [...]
[...] Small claims 300 can be paid immediately. 2101 CC ? Super privilege of employees - L625-7 CDC ? Intervention Wage Guarantee THE ORDER OF CREDITORS IN ACCORDANCE WITH THEIR CATEGORY AND PRIORITY RANK ? 1. PRINCIPLE OF EQUALITY BETWEEN CREDITORS OF THE SAME CATEGORY - L.626-10 ? Creditors divided into different categoriesprivileged, chirographary, public . and those of the same category must be treated in the same way equitable. 2. CONSULTATION AND VOTE OF CREDITORS - FOR DELAY AND REMISSION PROPOSED - L.626-5 AND 18 - C.COM ? [...]
