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Company in difficulty

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  • Opening insolvency proceedings: the legal process explained

    By Yasmine EDDAM
    9 April 2025
    When a company is going through such intense economic turbulence that its future is threatened, the opening of collective proceedings - safeguard, receivership or compulsory liquidation - often becomes an unavoidable step. Far from being an insignificant or improvised step, it marks the entry into a strict legal framework, designed to deal with the situation under the aegis of the court. But how is this procedure actually triggered? Who can apply? Before which court? And who are the players involved? The aim of this article is to demystify the process of initiating insolvency proceedings. Together, we will go through the key stages: from applying to the court, through determining which court has jurisdiction, to presenting the main players appointed by the judge. Finally, we will look at the opening judgment itself, the crucial decision that formalises the launch of the procedure and defines its initial contours....
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