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Company in difficulty

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  • Declaration and verification of claims during the observation period

    By Yasmine EDDAM
    4 May 2025
    The opening of collective proceedings (safeguard, receivership or compulsory liquidation) triggers a series of mechanisms designed to organise the handling of the debtor company's difficulties. At the heart of these mechanisms is the management of past liabilities, i.e. debts incurred prior to the opening judgment. Declaring claims is a fundamental step for any creditor wishing to assert their rights. Forgetting or neglecting this step can have radical consequences, including the impossibility of recovering the sums owed. It is therefore crucial to understand the consequences of the declaration, in particular the cessation of interest payments and the prohibition of new registrations. This phase is part of the broader principle of freezing liabilities, which is designed to freeze the company's situation on the date of the judgment and enable an accurate assessment of its debts during the observation period. The ensuing verification then enables the court to...
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