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The impact of insolvency proceedings on enforcement: a comprehensive guide and strategies for creditors
Is your debtor in receivership? Find out how your rights as a creditor are affected and the steps you can take to protect your claims.
Difficulties faced by regulated companies: a complex legal framework between prevention and resolution
A bank or insurance company in difficulty does not follow the ordinary regime of insolvency proceedings. French law, in line with the European BRRD Directive, provides them with a special framework centred on banking resolution and the prevention of systemic risk. This guide sets out the essential mechanisms.
Collective proceedingsCurrent contracts during the observation period
As soon as the insolvency order is issued, existing contracts are neither terminated nor automatically maintained: the insolvency administrator has an option that affects the company's future. This choice, which is governed by insolvency law, determines which partners remain bound.
Collective proceedingsThe observation period in insolvency proceedings: an essential guide
The court has just opened insolvency proceedings: before any decision is taken on the company's future, the observation period is essential. It is during these few months that the essentials are settled - management, contracts, creditors - and a misinterpretation of the rules can lead to liquidation. This guide explains how to defend your interests.
Collective proceedingsManagement of the business during the observation period: roles and powers
The opening of safeguard or receivership proceedings does not automatically relieve the company director of his or her duties, but it does place strict limits on his or her powers. The division of roles between the company director and the court-appointed administrator determines all management decisions during the observation period. Here's how to navigate this phase without committing an irregular act.
Collective proceedingsWhen can a deed be annulled during a suspect period?
Your company has continued to do business with a company that has subsequently been the subject of insolvency proceedings - and you don't know whether these transactions can be challenged. The optional nullities of the suspect period allow the court to annul valid acts if your knowledge of the cessation of payments is established. Here is a list of the acts that can be nullified and the exact conditions under which they can be nullified.
Collective proceedingsActs automatically annulled during the suspect period (legal nullities)
Acts performed by your company prior to the opening of insolvency proceedings may be annulled without the judge having any discretion. These de jure nullities, provided for by the Commercial Code for the suspect period, affect specific categories of acts - and their consequences for contracting parties are immediate.
Collective proceedingsUnderstanding the suspect period and its consequences for your company
If your company is placed in receivership or compulsory liquidation, the court may annul certain deeds entered into before the proceedings were initiated. The suspect period - the period between the cessation of payments and the opening of proceedings - exposes you and your business partners to specific risks that need to be assessed.
Collective proceedingsInternational bankruptcy: when and how do the French courts intervene?
Your foreign debtor is in liquidation, or your company, established in several countries, is the subject of collective proceedings opened abroad. The jurisdiction of the French courts, the applicable law and the fate of your securities all depend on whether you are subject to European or ordinary law.
Collective proceedingsThe end of liquidation and professional recovery: what are the outcomes?
The judicial liquidation of your business is coming to an end, but the closure of the proceedings does not always mean the same thing, depending on your situation. Closure for lack of assets, closure after full payment of creditors, professional recovery for sole traders with no assets: each outcome has different effects on your assets and your professional future. Here's how to understand these mechanisms.
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