By Yasmine EDDAM
17 April 2025
The complexity of insolvency law does not stop at the general rules applicable to claims arising prior to the opening of insolvency proceedings. Two other situations deserve particular attention and raise important questions for creditors: what happens to claims that arise after the proceedings have been opened? And what happens to your rights of recourse if your claim was guaranteed not by the debtor himself, but by a third party (a guarantor, a co-borrower, etc.)? Understanding these specific regimes is essential. The treatment of subsequent claims can offer significant advantages to certain creditors, while the scope for action against guarantors is sometimes limited, but often preserved. This article aims to clarify these points to help you better assess your chances of recovery. The fate of claims arising AFTER the opening of the insolvency proceedings Contrary to popular belief, all claims arising after the opening of the insolvency proceedings...
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