{"id":18396,"date":"2026-04-16T14:38:27","date_gmt":"2026-04-16T13:38:27","guid":{"rendered":"https:\/\/solent-avocats.com\/guides\/procedures-collectives\/declaration-de-creances\/"},"modified":"2026-04-16T14:38:29","modified_gmt":"2026-04-16T13:38:29","slug":"declaration-of-receivables","status":"publish","type":"page","link":"https:\/\/solent-avocats.com\/en\/guides\/procedures-collectives\/declaration-de-creances\/","title":{"rendered":"Declaring claims in insolvency proceedings"},"content":{"rendered":"<p><!-- ===== D\u00c9FINITION ===== --><\/p>\n<h2 id=\"definition\">What is a claims declaration?<\/h2>\n<p>When a company in difficulty is the subject of collective proceedings - safeguard, receivership or compulsory liquidation - its creditors can no longer pursue it individually. Legal proceedings are frozen and enforcement suspended. To have a chance of being paid, each creditor must contact the judicial representative or liquidator by means of a specific act: the declaration of claims.<\/p>\n<p>It is a formal act, subject to strict deadlines and content requirements. The Court of Cassation recognises that it has a special legal status: the declaration of claims is equivalent to a legal claim, which interrupts the statute of limitations and produces the effects attached to documents initiating proceedings (Cass. com., case law in force since the law of 1985). This assimilation is not anecdotal - it means that errors made at the time of the declaration can have definitive consequences on the creditor's right.<\/p>\n<aside class=\"encadre\">\n<p class=\"encadre-title\">Text - Article L622-24 al. 1 of the French Commercial Code (in force)<\/p>\n<p>\u00abFrom the date of publication of the judgment, all creditors whose claims arose prior to the opening judgment, with the exception of employees, shall send a declaration of their claims to the mandataire judiciaire within a timeframe set by decree of the Conseil d'\u00c9tat.\u00bb<\/p>\n<\/aside>\n<p>Article L622-24 of the French Commercial Code sets out the general rule. It applies to safeguard proceedings. Articles L631-14 and L641-3 refer to receivership and compulsory liquidation proceedings respectively: the same rules, the same deadlines, the same penalties - regardless of the proceedings initiated against the debtor company.<\/p>\n<h3>A formality with definitive effects<\/h3>\n<p>What distinguishes the declaration of claims from most procedural acts is the definitive nature of its effects. A creditor who has not declared his claim within the legal time limit is foreclosed - his claim is inadmissible. They are not included in distributions, do not receive any dividends, and do not recover their right to take individual legal action against the debtor after closure. The penalty is severe, and not proportional to the delay.<\/p>\n<p>The only recourse is to lift the foreclosure, subject to specific conditions and a new deadline. This is why you need to pay particular attention to the declaration of claims as soon as you learn that a customer, tenant or debtor is in debt collection proceedings.<\/p>\n<p>        <!-- ===== QUI DOIT D\u00c9CLARER ===== --><\/p>\n<h2 id=\"qui-doit-declarer\">Who must declare a claim?<\/h2>\n<h3>The general rule: all previous creditors<\/h3>\n<p>The obligation is universal for creditors whose claims arose prior to the opening of the insolvency proceedings. The nature of the claim, its amount and its origin (contract, tort, quasi-contract) are irrelevant: as long as it existed before the insolvency proceedings were opened, it must be declared. A supplier with unpaid invoices, a landlord with overdue rent, a bank that has granted a loan, a subcontractor for work that has been carried out: they are all affected.<\/p>\n<p>The declaration may be made by the creditor himself or by any agent or representative of his choice - lawyer, chartered accountant, financial manager, debt collector. The creditor may also ratify a declaration made on his behalf by a third party, as long as the official receiver has not yet ruled on the admission of the claim.<\/p>\n<p>One point not to be overlooked: when the debtor himself has brought your claim to the attention of the judicial representative, he is presumed to have acted on your behalf. But this presumption does not exempt you from making a declaration. This presumption applies as long as you have not sent in your own declaration - and if you do not do so within the legal time limit, the time limit will apply.<\/p>\n<h3>Exempt creditors<\/h3>\n<p>Three categories are exempt from the reporting obligation:<\/p>\n<ul>\n<li><strong>Employees.<\/strong> The AGS (Association pour la gestion du r\u00e9gime de garantie des cr\u00e9ances des salari\u00e9s - Association for the management of the employee claims guarantee scheme) automatically recognises their wage claims (wages, termination payments, paid leave) on the basis of the statements drawn up by the trustee or liquidator. There is nothing for the employee to do - except to contest an incomplete statement within a specific timeframe.<\/li>\n<li><strong>Maintenance creditors.<\/strong> Article L622-24, final paragraph, expressly excludes maintenance claims (alimony, compensatory allowance for successive performance). These are paid outside the collective proceedings.<\/li>\n<li><strong>Creditors under article L622-17.<\/strong> Receivables that are duly incurred after the opening judgment, for the purposes of the proceedings or the observation period, or in consideration for a service provided to the debtor for its day-to-day business, benefit from a preferential system of payment on the due date. They are not subject to declaration in accordance with article L622-24.<\/li>\n<\/ul>\n<p>        <!-- ===== QUELLES CR\u00c9ANCES ===== --><\/p>\n<h2 id=\"quelles-creances\">What claims must be declared?<\/h2>\n<p>The obligation applies to all claims arising prior to the opening judgment, without restriction as to their nature or certainty. The law is explicit: \u00abClaims must be declared even if they have not been established by an instrument. Claims whose amount has not yet been definitively determined shall be declared on the basis of an evaluation\u00bb.\u00bb<\/p>\n<p>This covers in particular:<\/p>\n<ul>\n<li>The <strong>term receivables<\/strong> A debt that is not yet due on the date of the opening judgment must still be declared - for the full amount, with an indication of the due date.<\/li>\n<li>The <strong>disputed claims<\/strong> A current dispute over the existence or amount of the claim does not exempt you from declaring it. You declare the amount claimed, specifying that it is disputed.<\/li>\n<li>The <strong>conditional debts<\/strong> A claim whose realisation depends on a future event (for example, a first demand guarantee that may be called) must be declared for its estimated amount.<\/li>\n<li>The <strong>foreign currency receivables<\/strong> They are converted into euros at the exchange rate on the date of the opening judgment.<\/li>\n<\/ul>\n<p>The Court of Cassation has clarified the regime for ongoing contracts that are pursued by the insolvency administrator and then terminated: the creditor of such a contract must declare any termination indemnity within a special period of one month from notification of the termination by the administrator (Cass. com., 5 Nov. 2013, no. 12-20.263). This special period is independent of the general two-month period.<\/p>\n<p>        <!-- ===== COMMENT D\u00c9CLARER ===== --><\/p>\n<h2 id=\"comment-declarer\">How do I make a claim?<\/h2>\n<h3>CERFA form no. 10021*01<\/h3>\n<p>There is no legal requirement to use the official form for non-professional creditors, but it is strongly recommended. CERFA form no. 10021*01, available on the website of the clerk of the relevant commercial court, structures the declaration and covers all the information required by article L622-25. A professional creditor who sends a simple headed letter can perfectly well meet the legal requirements - as long as no element is omitted.<\/p>\n<h3>Mandatory information<\/h3>\n<aside class=\"encadre\">\n<p class=\"encadre-title\">Contents - Article L622-25 of the French Commercial Code (in force since 1 October 2021)<\/p>\n<p>The declaration must contain :<\/p>\n<ul style=\"margin:10px 0 0 20px;line-height:1.7;\">\n<li>The identity of the declaring creditor (name, address, SIRET number for legal entities)<\/li>\n<li>The amount of the claim due on the date of the opening judgment<\/li>\n<li>Amounts due (future rents, future instalments) and their due dates<\/li>\n<li>The nature and basis of the security to which the debt is subject (mortgage, pledge, lien, etc.)<\/li>\n<li>If a contractual security interest has been granted over the debtor's assets to secure the debt of a third party: express mention<\/li>\n<li>Genuine certification by the creditor (unless the claim is the result of an enforceable title)<\/li>\n<\/ul>\n<\/aside>\n<p>Particular attention should be paid to collateral. If your claim is secured by a mortgage, pledge or any other security mechanism, you must indicate its nature and basis in the declaration. Omitting the security does not cause the claim to be lost, but it does render the security unenforceable in the proceedings - which means that you will be treated as an ordinary unsecured creditor, without the benefit of your preferential ranking. Mortgage creditors who forget to mention their security thus wipe out years of registration formalities. This is one of the most costly pitfalls of debt registration.<\/p>\n<h3>Who to send the declaration to and how<\/h3>\n<p>In safeguard proceedings and receivership, the declaration is sent to the judicial representative appointed by the court. In the event of compulsory liquidation, the liquidator receives the declarations.<\/p>\n<p>The opening judgment published in the BODACC indicates the name and address of the trustee or liquidator. You can also obtain this information from the registry of the business court that opened the proceedings, or on the Infogreffe portal.<\/p>\n<p>The declaration may be sent by registered letter with acknowledgement of receipt - this is the surest way of establishing proof of dispatch and time limit. It can also be delivered directly to the trustee or liquidator against a receipt. Some trustee firms also accept electronic declarations via their dedicated platforms. The commercial court publishes information on its website about the proceedings opened in its jurisdiction.<\/p>\n<p>        <!-- ===== D\u00c9LAIS ===== --><\/p>\n<h2 id=\"delais\">Reporting deadlines: the rules you need to know<\/h2>\n<h3>The general two-month deadline<\/h3>\n<p>Article R622-24 of the French Commercial Code sets the regulatory deadline: <strong>two months from publication of the opening judgment in the BODACC<\/strong> (Bulletin officiel des annonces civiles et commerciales, available free of charge on bodacc.fr). This period applies without distinction to safeguard, receivership and compulsory liquidation.<\/p>\n<p>Two months is a short time. Collecting debts from a bankrupt company requires an immediate response. And the period runs even if you are unaware of the existence of the proceedings. The Court of Cassation has made it clear that failure by a creditor established abroad to be aware that the proceedings have been opened does not suspend the time limit for making a declaration (Cass. com., 16 Nov. 2010, no. 09-16.572). Publication in the BODACC is binding on all parties.<\/p>\n<h3>Special rules depending on the creditor's situation<\/h3>\n<p>There are several exceptions to the general time limit:<\/p>\n<div class=\"table-wrap\">\n<table>\n<thead>\n<tr>\n<th>Situation of the creditor<\/th>\n<th>Starting point of the period<\/th>\n<th>Duration<\/th>\n<\/tr>\n<\/thead>\n<tbody>\n<tr>\n<td>Ordinary creditor<\/td>\n<td>Publication of the opening judgment in the BODACC<\/td>\n<td>2 months<\/td>\n<\/tr>\n<tr>\n<td>Creditor residing outside mainland France<\/td>\n<td>Publication in the BODACC<\/td>\n<td>4 months (2 + 2)<\/td>\n<\/tr>\n<tr>\n<td>Creditor holding a published security interest or bound by a published contract<\/td>\n<td>Receipt of the personal warning sent by the authorised representative<\/td>\n<td>2 months<\/td>\n<\/tr>\n<tr>\n<td>Creditor relieved of foreclosure<\/td>\n<td>Notification of the decision to lift the foreclosure<\/td>\n<td>1 month (common law period reduced by half)<\/td>\n<\/tr>\n<tr>\n<td>Creditor of a terminated current contract<\/td>\n<td>Notification of termination by the administrator<\/td>\n<td>1 month<\/td>\n<\/tr>\n<tr>\n<td>Civil party (claim arising from a criminal offence)<\/td>\n<td>Publication in the BODACC or final decision setting the amount (if later)<\/td>\n<td>2 months from the latest<\/td>\n<\/tr>\n<\/tbody>\n<\/table><\/div>\n<p>For creditors holding a published security (mortgage, registered pledge, etc.) or bound to the debtor by a published contract, the time limit only runs from receipt of the personal notice that the agent must send them. But beware: if this warning is received before publication in the BODACC, the ordinary law period from publication in the BODACC applies (Cass. com., established case law). The mechanism protects secured creditors, but does not exempt them from remaining vigilant.<\/p>\n<p>        <!-- ===== APR\u00c8S LA D\u00c9CLARATION ===== --><\/p>\n<h2 id=\"apres-declaration\">What happens after the declaration?<\/h2>\n<h3>Verification by the judicial representative<\/h3>\n<p>Once the declarations have been received, the court-appointed agent - or liquidator - verifies the claims. He examines the existence of each claim, its amount, its nature and the securities attached to it. He must notify the creditor of his proposals for admission or rejection by registered letter.<\/p>\n<p>The creditor then has thirty days to respond and, if necessary, contest the proposal (art. L622-27 C.com). This period runs from receipt of the letter - not from the date it is sent. If the creditor does not respond within thirty days, he may not subsequently contest the trustee's proposal. A notable exception: where proceedings on the merits were already underway on the day the proceedings were opened, Article L622-27 does not apply (Cass. com., 5 Sept. 2018, no. 17-14.960).<\/p>\n<h3>Admission, rejection and challenge<\/h3>\n<p>On the basis of the creditors' verifications and responses, the official receiver rules on each disputed claim: he accepts it, partially accepts it or rejects it. His decision may be appealed to the court. If no objection has been raised, the trustee may draw up a statement of claims for claims that have been admitted without objection.<\/p>\n<p>The admission decision has the relative authority of res judicata. It does not deprive the enforcement judge of his power to examine the unfairness of a clause in the contract concerned, particularly in the event of a subsequent seizure of property (Cass. com., 8 Feb. 2023, no. 21-17.763). Admission as a debtor is not therefore a definitive blank check on all the terms and conditions of the claim.<\/p>\n<h3>Statement of receivables and distributions<\/h3>\n<p>At the end of the verification, the trustee draws up a statement of the claims declared, with his proposals for admission or rejection. This statement is filed with the registry of the Business Court and may be consulted by any person with an interest in it. This document is the basis for future distributions: only admitted claims participate in distributions.<\/p>\n<div class=\"timeline\" aria-label=\"Chronology of the procedure\">\n<div class=\"timeline-item\">\n<div class=\"timeline-dot\">1<\/div>\n<div class=\"timeline-body\">\n              <strong>Opening judgment<\/strong><\/p>\n<p>The court opens collective proceedings. A judicial representative (or liquidator) is appointed. Individual proceedings are discontinued.<\/p>\n<\/p><\/div>\n<\/p><\/div>\n<div class=\"timeline-item\">\n<div class=\"timeline-dot\">2<\/div>\n<div class=\"timeline-body\">\n              <strong>Publication in the BODACC<\/strong><\/p>\n<p>The judgment is published in the Bulletin officiel des annonces civiles et commerciales. <strong>The 2-month period begins on that day.<\/strong><\/p>\n<\/p><\/div>\n<\/p><\/div>\n<div class=\"timeline-item\">\n<div class=\"timeline-dot\">3<\/div>\n<div class=\"timeline-body\">\n              <strong>Declaration of claims<\/strong><\/p>\n<p>Each creditor sends its declaration to the judicial representative within 2 months (or 4 months outside mainland France). Registered letter with acknowledgement of receipt or direct delivery.<\/p>\n<\/p><\/div>\n<\/p><\/div>\n<div class=\"timeline-item\">\n<div class=\"timeline-dot\">4<\/div>\n<div class=\"timeline-body\">\n              <strong>Verification of receivables<\/strong><\/p>\n<p>The trustee checks each claim and notifies its proposals. The creditor has 30 days to contest (art. L622-27).<\/p>\n<\/p><\/div>\n<\/p><\/div>\n<div class=\"timeline-item\">\n<div class=\"timeline-dot\">5<\/div>\n<div class=\"timeline-body\">\n              <strong>Statement of receivables and distributions<\/strong><\/p>\n<p>The official receiver rules on disputed claims. The statement of claims is filed with the court registry. Distributions are made in accordance with the statement of accepted claims and the rank of each claimant.<\/p>\n<\/p><\/div>\n<\/p><\/div>\n<\/p><\/div>\n<p>        <!-- ===== SANCTIONS ===== --><\/p>\n<h2 id=\"sanctions\">Time-barring, unenforceability and relief from time-barring<\/h2>\n<h3>Foreclosure: you are not eligible for distribution<\/h3>\n<p>A creditor who has not made a declaration within the legal deadline is precluded from making a claim. In concrete terms, they are not entitled to any distributions or dividends. They do not participate in any distributions, do not receive anything when the liquidation proceedings are closed, and cannot recover their individual right of action against the debtor after closure - unless they have been granted relief from the foreclosure.<\/p>\n<h3>Unenforceability: even a declared claim can pose a problem<\/h3>\n<p>Since the Order of 15 September 2021 (in force for proceedings commenced on or after 1 October 2021), an irregular declaration - whether incomplete or incorrectly filed - may now be declared unenforceable by the official receiver, pursuant to article L624-2 paragraph 1 of the French Commercial Code. Prior to this reform, only failure to declare a claim led to foreclosure; a claim that was incorrectly declared was simply irregular without such a severe sanction.<\/p>\n<p>Academic writers have pointed to a paradoxical asymmetry: the author of an undeclared claim could be treated better than the author of an incorrectly declared claim, in particular because the undeclared creditor retained the possibility of recovering his claim in the event of resolution of the plan (Prof. P\u00e9tel, Act. proc. coll. 2021). The Order of 2021 sought to correct this situation by giving the official receiver the power to declare the unenforceability of an improperly declared claim.<\/p>\n<aside class=\"encadre-alerte\">\n<p class=\"encadre-alerte-title\">Penalties - Articles L622-26 and L624-2 of the French Commercial Code<\/p>\n<p>Failure to declare within the deadline has two cumulative consequences:<\/p>\n<ul style=\"margin:10px 0 0 20px;line-height:1.7;\">\n<li><strong>Foreclosure<\/strong> exclusion of all distributions and dividends.<\/li>\n<li><strong>Not enforceable<\/strong> the debt and the securities attached to it cannot be enforced against the debtor during the implementation of the plan or afterwards (if the commitments have been honoured), as well as against the natural persons who are co-obligated and the guarantors.<\/li>\n<\/ul>\n<p style=\"margin-top:10px;\">Since 1 October 2021, incomplete declarations (in particular the omission of a security interest) may be declared unenforceable by the juge-commissaire.<\/p>\n<\/aside>\n<h3>The lifting of the foreclosure: a second chance subject to conditions<\/h3>\n<p>A creditor who is foreclosed has a remedy: an action for relief from foreclosure, provided for in article L622-26 of the French Commercial Code. This action is brought before the juge-commissaire, who has exclusive jurisdiction.<\/p>\n<p>There are two cumulative conditions: the creditor must not be responsible for the default - the creditor must show that it was impossible for him to declare within the time limit, or that his default resulted from an omission by the debtor when drawing up the list of his creditors. Simple negligence, an oversight, an agent who did not follow up the case: none of these situations constitutes an impossibility within the meaning of the law.<\/p>\n<p>The action must be brought within a fixed period of <strong>six months from publication of the opening judgment in the BODACC<\/strong>. This period may not be extended, unless the creditor can prove that it was absolutely impossible for him to know of the existence of his claim before it expired: in this exceptional case, the period runs from the date on which it is established that he could no longer have been unaware of the existence of his claim (art. L622-26, last paragraph, amended by Order 2021-1193).<\/p>\n<p>If the official receiver grants relief from the foreclosure, the creditor has half the time (one month instead of two) to make his declaration, with this period running from the date of notification of the relief decision. In this case, the creditor only participates in distributions made subsequent to his request.<\/p>\n<p>        <!-- ===== PI\u00c8GES ===== --><\/p>\n<h2 id=\"pieges\">Pitfalls to avoid<\/h2>\n<p>Declaring claims is a seemingly straightforward formality, but there are many costly mistakes to be made. Here are the situations we encounter most frequently.<\/p>\n<p><strong>Forgetting to mention safety.<\/strong> This is the most serious mistake for secured creditors. A banker who declares his mortgage claim without indicating the nature and basis of the mortgage will be admitted to the liabilities on an unsecured basis - he loses his preferential rank, his preferential right over the sale price of the property. The omitted security becomes unenforceable in the proceedings, when it could have made all the difference in the distributions. Systematically check that each security interest is described precisely.<\/p>\n<p><strong>Do not monitor the BODACC.<\/strong> The two-month period begins as soon as the judgement is published in the BODACC, not as soon as you learn of the proceedings. If your customer files for bankruptcy on a Friday and the opening judgment is published in the BODACC the following week, the time limit runs - even if you were not informed directly. For all your major debtors, regular monitoring of the BODACC (bodacc.fr) or an alert via a third-party service is essential.<\/p>\n<p><strong>Rely on the debtor's declaration.<\/strong> Article L622-24 provides that when the debtor has brought the claim to the attention of the agent, he is presumed to have acted on behalf of the creditor until the latter has sent his own declaration. This presumption is temporary and conditional. It does not protect you if the time limit expires without you having made a declaration. Never rely on the list provided by the debtor.<\/p>\n<p><strong>Declaring an incomplete or inaccurate amount.<\/strong> Since the Order of 2021, an irregular declaration may be declared unenforceable. Make sure that you include not only the capital owed on the day of the opening judgment, but also accrued interest, ancillary sums and sums due in the future if the claim is for a fixed term. A hasty declaration, made the day before the deadline, is often an incomplete declaration.<\/p>\n<p><strong>Ignore the reduced time limit after the foreclosure has been lifted.<\/strong> If you obtain a statement of foreclosure from the official receiver, the time limit for filing is halved - to one month. This period runs from the date of notification of the decision. A creditor who obtains the relief and lets this new deadline pass is in a worse situation than before: he or she has embarked on a costly procedure without any benefit.<\/p>\n<p><strong>Believing that a claim that is not on the debtor's list is protected.<\/strong> The Court of Cassation has ruled that ignorance of the existence of insolvency proceedings in France does not in itself constitute an impossibility of action that would allow a creditor established abroad to extend the deadline for raising the debtor's claim (Cass. com., 16 Nov. 2010, no. 09-16.572). French rules also apply to foreign creditors, with no derogation linked to their ignorance of the proceedings.<\/p>\n<section id=\"sources\" class=\"faq-section\">\n<div class=\"faq-inner\">\n<h2 id=\"faq\">Frequently asked questions<\/h2>\n<details class=\"faq-item\">\n<summary class=\"faq-question\">What is the deadline for declaring a claim in insolvency proceedings?<\/summary>\n<div class=\"faq-answer\">\n<p>The deadline is <strong>two months from publication of the opening judgment in the BODACC<\/strong>, in accordance with article R622-24 of the French Commercial Code. This period applies to safeguard, receivership and liquidation proceedings.<\/p>\n<p>This period is extended to four months for creditors who do not reside in mainland France (two additional months). Creditors holding a published security or bound to the debtor by a published contract benefit from a period running from receipt of the personal warning sent by the trustee - but at least from publication in the BODACC.<\/p>\n<\/p><\/div>\n<\/details>\n<details class=\"faq-item\">\n<summary class=\"faq-question\">What happens if I don't declare my claim within the deadline?<\/summary>\n<div class=\"faq-answer\">\n<p>The creditor is subject to <strong>foreclosure<\/strong> It is not eligible for any distribution or dividend. The debtor's claim and the securities attached to it cannot be enforced against the debtor while the plan is being implemented or afterwards, if the commitments made in the plan have been fulfilled. The right not to enforce also extends to guarantors who are natural persons and to co-obligors.<\/p>\n<p>The foreclosure may be lifted within six months of publication in the BODACC, if the creditor demonstrates that it is not responsible for the default. If the relief is granted, the creditor is only entitled to distributions made after the request was made.<\/p>\n<\/p><\/div>\n<\/details>\n<details class=\"faq-item\">\n<summary class=\"faq-question\">Who must declare a claim in insolvency proceedings?<\/summary>\n<div class=\"faq-answer\">\n<p>All creditors whose claims arose prior to the opening judgment, with the exception of employees (covered by AGS) and maintenance creditors. The declaration may be made by the creditor himself or by any agent or representative of his choice - lawyer, chartered accountant, financial director.<\/p>\n<p>The fact that the debtor has mentioned the claim in the list given to the agent does not absolve the creditor from making a declaration. This presumption is temporary: it ceases as soon as the creditor sends in his own declaration, and does not protect him if the time limit expires without him having acted.<\/p>\n<\/p><\/div>\n<\/details>\n<details class=\"faq-item\">\n<summary class=\"faq-question\">How do I send a statement of claim to the judicial representative?<\/summary>\n<div class=\"faq-answer\">\n<p>The declaration is sent to the mandataire judiciaire (or liquidator in a compulsory liquidation) by <strong>registered letter with acknowledgement of receipt<\/strong> or delivered directly against a receipt. CERFA form no. 10021*01 is available on the website of the relevant court registry.<\/p>\n<p>It must include: the identity of the creditor, the amount owed on the date of the opening judgment, the sums due with their due dates, the nature and basis of any security, and a true and fair view certification (unless an enforcement order has been issued). The name and address of the trustee are given in the opening judgment published in the BODACC.<\/p>\n<\/p><\/div>\n<\/details>\n<details class=\"faq-item\">\n<summary class=\"faq-question\">Should an uncertain or disputed claim be declared?<\/summary>\n<div class=\"faq-answer\">\n<p>Yes, absolutely. Article L622-24 of the Commercial Code is explicit: the declaration must be made even if the claim is not established by a document of title. Claims whose amount has not yet been definitively determined must be declared on the basis of an evaluation.<\/p>\n<p>It is a mistake not to declare a disputed claim in the hope of consolidating it before submitting it: the foreclosure period runs regardless of the status of the dispute. It is better to declare a claim for a provisional amount, specifying that it is disputed, than to risk foreclosure.<\/p>\n<\/p><\/div>\n<\/details>\n<p>      <!-- Sources --><\/p>\n<details class=\"sources-details\" id=\"sources\">\n<summary>Legal sources<\/summary>\n<div class=\"sources-content\">\n<div class=\"sources-columns\">\n<div>\n<p class=\"sources-col-title\">Legal texts<\/p>\n<ul class=\"sources-list\">\n<li>\n                  <a href=\"https:\/\/www.legifrance.gouv.fr\/codes\/article_lc\/LEGIARTI000038587553\" target=\"_blank\" rel=\"noopener\">Art. L622-24 C.com - Obligation to declare, deadline, terms and conditions<\/a><br \/>\n                  <span style=\"font-size:0.8rem;color:#4A5568;\">Amended by Act no. 2019-486 of 22 May 2019 (PACTE), in force 1 Jan. 2020<\/span>\n                <\/li>\n<li>\n                  <a href=\"https:\/\/www.legifrance.gouv.fr\/codes\/article_lc\/LEGIARTI000044052608\" target=\"_blank\" rel=\"noopener\">Art. L622-25 C.com - Contents of the declaration<\/a><br \/>\n                  <span style=\"font-size:0.8rem;color:#4A5568;\">Amended by order no. 2021-1193 of 15 Sept. 2021, in force 1 Oct. 2021<\/span>\n                <\/li>\n<li>\n                  <a href=\"https:\/\/www.legifrance.gouv.fr\/codes\/article_lc\/LEGIARTI000044052612\" target=\"_blank\" rel=\"noopener\">Art. L622-26 C.com - Limitation period and discharge of the limitation period<\/a><br \/>\n                  <span style=\"font-size:0.8rem;color:#4A5568;\">Amended by order no. 2021-1193 of 15 Sept. 2021, in force 1 Oct. 2021<\/span>\n                <\/li>\n<li>\n                  <a href=\"https:\/\/www.legifrance.gouv.fr\/codes\/article_lc\/LEGIARTI000029175247\" target=\"_blank\" rel=\"noopener\">Art. R622-24 C.com - Regulatory deadline (2 months)<\/a>\n                <\/li>\n<li>\n                  Art. L622-27 C.com - Verification of claims, time limit for contesting claims (30 days)\n                <\/li>\n<li>\n                  Art. L622-17 C.com - Priority subsequent claims (exempt from declaration)\n                <\/li>\n<li>\n                  Art. L631-14 C.com - Application of the regime to receiverships\n                <\/li>\n<li>\n                  Art. L641-3 C.com - Application of the regime to compulsory liquidation\n                <\/li>\n<\/ul><\/div>\n<div>\n<p class=\"sources-col-title\">Case law<\/p>\n<ul class=\"sources-list\">\n<li>\n                  <a href=\"https:\/\/www.legifrance.gouv.fr\/juri\/id\/JURITEXT000027373617\" target=\"_blank\" rel=\"noopener\">Cass. com. 23 Apr. 2013, no. 11-25.963<\/a><br \/>\n                  <span style=\"font-size:0.8rem;color:#4A5568;\">The declaration must be made within the pre-set time limit for lifting the foreclosure, even if the juge-commissaire has not yet given a ruling.<\/span>\n                <\/li>\n<li>\n                  <a href=\"https:\/\/www.legifrance.gouv.fr\/juri\/id\/JURITEXT000028175262\" target=\"_blank\" rel=\"noopener\">Cass. com., 5 Nov. 2013, no. 12-20.263<\/a><br \/>\n                  <span style=\"font-size:0.8rem;color:#4A5568;\">Current contract terminated: special period of one month from notification of termination.<\/span>\n                <\/li>\n<li>\n                  <a href=\"https:\/\/www.legifrance.gouv.fr\/juri\/id\/JURITEXT000035077440\" target=\"_blank\" rel=\"noopener\">Cass. com. 28 June 2017, no. 16-16.746<\/a><br \/>\n                  <span style=\"font-size:0.8rem;color:#4A5568;\">Extension of proceedings: new deadline for declaring the liabilities of the joint and several debtor.<\/span>\n                <\/li>\n<li>\n                  <a href=\"https:\/\/www.legifrance.gouv.fr\/juri\/id\/JURITEXT000041784054\" target=\"_blank\" rel=\"noopener\">Cass. com., 11 March 2020, no. 18-23.586<\/a><br \/>\n                  <span style=\"font-size:0.8rem;color:#4A5568;\">The juge-commissaire (official receiver) must rule on a dispute - he may not declare a foreclosure.<\/span>\n                <\/li>\n<li>\n                  <a href=\"https:\/\/www.legifrance.gouv.fr\/juri\/id\/JURITEXT000047128346\" target=\"_blank\" rel=\"noopener\">Cass. com., 8 Feb. 2023, no. 21-17.763<\/a><br \/>\n                  <span style=\"font-size:0.8rem;color:#4A5568;\">The admission decision has relative res judicata effect - this does not prevent the enforcement judge from reviewing unfair terms.<\/span>\n                <\/li>\n<li>\n                  Cass. com., 16 Nov. 2010, no. 09-16.572<br \/>\n                  <span style=\"font-size:0.8rem;color:#4A5568;\">A foreign creditor's failure to comply with the procedure does not suspend the time limit for lifting the foreclosure.<\/span>\n                <\/li>\n<\/ul><\/div>\n<\/p><\/div>\n<\/p><\/div>\n<\/details><\/div>\n<\/section>","protected":false},"excerpt":{"rendered":"<p>Votre client vient de d\u00e9poser le bilan. D\u00e8s la publication du jugement d&rsquo;ouverture au BODACC, vous avez deux mois pour d\u00e9clarer votre cr\u00e9ance. Pass\u00e9 ce d\u00e9lai, vous serez forclos \u2014 exclu de toutes les r\u00e9partitions, sans recours ordinaire. Ce guide explique comment remplir une d\u00e9claration de cr\u00e9ance, dans quel d\u00e9lai, et comment \u00e9viter les pi\u00e8ges qui co\u00fbtent leurs cr\u00e9ances \u00e0 des centaines de cr\u00e9anciers chaque ann\u00e9e.<\/p>","protected":false},"author":0,"featured_media":0,"parent":18292,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"page-templates\/template-guide-enfant.php","meta":{"footnotes":""},"solent_domaine":[457,413],"class_list":["post-18396","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/solent-avocats.com\/en\/wp-json\/wp\/v2\/pages\/18396","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/solent-avocats.com\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/solent-avocats.com\/en\/wp-json\/wp\/v2\/types\/page"}],"replies":[{"embeddable":true,"href":"https:\/\/solent-avocats.com\/en\/wp-json\/wp\/v2\/comments?post=18396"}],"version-history":[{"count":1,"href":"https:\/\/solent-avocats.com\/en\/wp-json\/wp\/v2\/pages\/18396\/revisions"}],"predecessor-version":[{"id":18397,"href":"https:\/\/solent-avocats.com\/en\/wp-json\/wp\/v2\/pages\/18396\/revisions\/18397"}],"up":[{"embeddable":true,"href":"https:\/\/solent-avocats.com\/en\/wp-json\/wp\/v2\/pages\/18292"}],"wp:attachment":[{"href":"https:\/\/solent-avocats.com\/en\/wp-json\/wp\/v2\/media?parent=18396"}],"wp:term":[{"taxonomy":"solent_domaine","embeddable":true,"href":"https:\/\/solent-avocats.com\/en\/wp-json\/wp\/v2\/solent_domaine?post=18396"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}