By Raphaël MORENON
20 March 2025
The meeting of a seizure-attribution procedure and the opening of collective proceedings, whether safeguard, reorganisation or judicial liquidation, creates a major area of legal friction. It pits the law of enforcement, which aims to enable a creditor to recover its debt, against the law of companies in difficulty, whose objective is to preserve the economic fabric and work tools or to organise an equal distribution between creditors. For a clear understanding of the seizure-attribution mechanism before exploring its interaction with collective proceedings, see our reference article. The aim of this article is to demystify the complex rules governing the implementation and interaction of these procedures and to clarify what happens to the seizing creditor when its debtor is the subject of collective proceedings. The principle of the stay of individual proceedings as a result of collective proceedings The fundamental rule laid down by the...
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