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After the decision’s publication, creditors whose debt existed before the commencement of the procedure’s decision, except for company’s employees, have to send a declaration to the creditors’ representative (if there is a judicial reorganization) or to the liquidator (if there is a judicial liquidation); the declaration must not be sent to the Registry (“le greffe”).

The creditors holding security interests (“sûreté”) that have been published, or the creditors who are legally bound by a published contract are personally informed. The legal period of limitation starts from the day of the notice by the creditors’ representative or the liquidator.

The creditor, or any regularly chosen agent, can file the claim if he/she provides a proxy.

N.B.:Debts regularly born after the commencement of the procedure have to be filed as well, except for several particular types of debts like procedure debts, or maintenance debts.

Debts features: there is a general obligation to file one’s debt, even though the debt is a matter at issue in a case that has not been decided yet or even though the debt is a conditional, certain, contested, payable or a short term debt.


Legal references: Articles L.622-24, L.622-25, L.624-1 to L.624-4, R.622-21 to R.622-26 and R.624-1 to R.624-11 of the Commercial code.

 

How to file a claim

The creditor must clearly indicate that he/she is willing to claim payment. There are no formal requirements, but the claim is usually filed using a certified letter, in order to have a precise date.

The creditor must, among other things:

*Indicate the amount of the debt on the day of the procedure’s commencement, and the expected date of payment. If this amount is set in a foreign currency, it has to be converted in € (at the rate of the day of commencement of the proceedings).

*Indicate the nature of the privilege or security interest if attached to the debt


Provide a document attesting the existence and the amount of the debt if not stated in a title.


Provide an estimate of the debt’s amount, if it hasn’t been established yet.


Mention what jurisdiction is competent if there is an ongoing procedure regarding the debt.


Indicate on what basis are made the calculation of the interests if no rate has been chosen.

Except if the debt is not born from a writ, it must be certified true by the creditor. A supervisory judge (Juge-commissaire) may ask for the signature of the certified public accountant or the auditor on the claim.

Claim the form (in french)

Time limit :

Within 15 days starting from the opening judgment, the creditors representative informs the known creditors that they have to send their debts to him/her within 2 months starting from the official publication of the judgment in the BODACC (Official bulletin of civil announcements). This time period is extended for 2 months for creditors living abroad.

 

*Procedure:

 

The creditors’ representative or the liquidator draws a list of the received declarations that will be transmitted to the supervisory judge (“juge-commissaire”). The supervisory judge deals with possible objections. 

 

If there is no contestation from the debtor or the creditors’ representative, the declaration is enrolled on the state of debts, signed by the supervisory judge. If the debtor objects to the proposition of admission of the creditors’ representative, the creditor may answer to this objection within 30 days, starting from the receipt of the letter that has been sent to him/her by the creditors’ representative informing him/her of the objection.

 

If the creditor does not answer, he/she won’t be able to object later and is deemed to have accepted the objection of his/her debtor. The debt is then accepted after being enrolled on the state of debts, signed by the supervisory judge.

 

However, if the creditor does answer, there is a true objection and the parties are summoned to a hearing before the supervisory judge that will decide what to do with the debt. He/she cannot reject all or a part of the debt without hearing the debtor. Once the objection has been settled, the decision is enrolled on the state of debts.

 

The supervisory judge is the only competent authority to make a decision concerning the declaration as well as concerning the existence of the debt.

 

The decision of admission or dismissal of the debts, or of lack of competence is enrolled on the state of debts; this state is brought to the Registry of the court and any person may consult it.  A publication is made to the BODACC by the registrar (“le Greffier”) and indicates that the state of debts has been made and brought to the Registry.

 

 

Appeal :

 

Parties and official bodies of the procedure may object to the decisions made by the supervisory judge in front of the Court of Appeal. Third parties can make a complaint to the supervisory judge, within one month following the day of the BODACC publication regarding the registration of the state of debts.

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