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Company in difficulty

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  • Unpaid vendors, lessors, secured creditors: specific situations in the event of insolvency proceedings

    By Yasmine EDDAM
    15 April 2025
    When a company enters collective proceedings (safeguard, reorganisation or judicial liquidation), the general rules, such as the declaration of claims or the stay of proceedings, apply to all its previous creditors. However, the law recognises that certain situations are special and deserve specific treatment. This is particularly the case if you are an unpaid seller of goods, the lessor of the company's premises, or if you hold a traditional guarantee such as a mortgage, pledge or collateral. Understanding these specific rules is fundamental, as they can significantly affect your rights and your chances of recovering what you owe. This article therefore explores these special situations and also clarifies a key point: what happens to the due date of your receivables when your debtor is in difficulty? Have you sold goods that have not been paid for? The situation of an unpaid seller varies greatly depending on whether or not the goods have been delivered,...
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