LexInter | March 20, 2002 | 0 Comments


Sub-paragraph 3: Declaration of claims
Article L621-43
From the publication of the judgment, all creditors whose claim originated before the opening judgment, with the exception of employees, send the declaration of their claims to the creditors’ representative. Creditors holding a security that has been the subject of a publication or a published leasing contract are notified personally and, if applicable, at their address.
The declaration of claims can be made by the creditor or by any official or representative of his choice.
The declaration of claims must be made even though they are not established by a title. Receivables from the Public Treasury and provident and security organizations as well as debts recovered by the organizations referred to in Article L. 351-21 of the Labor Code which have not been the subject of an enforceable title in the at the time of their declaration are admitted on a provisional basis for their declared amount. In any event, Treasury and Social Security declarations are always made subject to taxes and other debts not established on the date of the declaration. Subject to ongoing legal or administrative proceedings, their final establishment must, on pain of foreclosure,
The institutions mentioned in Article L. 143-11-4 of the Labor Code are subject to the provisions of this article for the sums they have advanced and which are reimbursed to them under the conditions provided for claims arising prior to the opening judgment. the procedure.
all creditors whose claim originates before the opening judgment, with the exception of employees, are required to send the declaration of their claims to the creditors’ representative, even if they are not payable; that the judge-commissioner decides on the admission or rejection of these debts and that, therefore, any conditional decision on his part is excluded; Unless the social and tax claims, referred to in article 50 of the law of January 25, 1985, are involved; It follows that the Court of Appeal, which found that the purpose of the protocols was to grant payment terms which Mr. Kron could avail himself of, was right to admit the claim of the bank, even if it is not immediately payable; December 19, 2000



Article L621-44
The declaration shows the amount of the debt due on the day of the opening judgment with an indication of the sums due and the date of their due dates. It specifies the nature of the lien or security with which the claim may be associated.
In the case of receivables in foreign currency, the conversion into French francs takes place according to the exchange rate on the date of the opening judgment.
Unless it results from an enforceable title, the declared claim is certified sincere by the creditor. The approval of the auditor or, failing that, of the chartered accountant on the declaration of debt may be requested by the judge-auditor. The visa refusal is justified.

1 °) Pursuant to Article 51 of the Law of January 25, 1985, now Article L. 621-44 of the Commercial Code, the declaration of debt may be made in foreign currency, the representative of the creditors carrying out the conversion into French francs according to the exchange rate on the date of the opening judgment.

2 °) The declaration of debt, which is equivalent to a legal claim, must be drawn up in French in accordance with article 2 of the Constitution of October 4, 1958.

However, a declaration written in a foreign language but accompanied by a translation into French is regular. This translation can be produced until the judge-commissioner rules on the admission of the debt.

CA Lyon (3rd ch.), September 7, 2001. N ° 01-598. – Company Forez packaging and a. c / company Cartiera Grillo.


Procedures for declaring claims (summary of case law), Lienhard, Alain, Recueil Dalloz Sirey, n ° 12, 03/22/2001, pp. 1011-1016
Article L621-45
The debtor provides the representative of the creditors with a certified list of his creditors and the amount of his debts.
Article L621-46
In the absence of declaration within the deadlines set by decree in the Council of State, creditors are not admitted to distributions and dividends unless the judge-commissioner relieves them of their foreclosure if they establish that their default is not due to their doing. In this case, they can only compete for the distribution of distributions subsequent to their request.
The foreclosure is not opposable to the creditors mentioned in the second sentence of the first paragraph of article L. 621-43, since they have not been notified personally.
The foreclosure relief action can only be exercised within one year of the opening decision or, for the institutions mentioned in Article L. 143-11-4 of the Labor Code, to the expiration of the period during which the claims resulting from the employment contract are guaranteed by these institutions. The appeal against the decision of the judge-commissioner ruling on the foreclosure statement is brought before the court of appeal.
Claims which have not been declared and have not given rise to a foreclosure statement are extinguished.
This extinction is equivalent to regularization of the payment incident within the meaning of
Article L621-47
If there is a discussion on all or part of a claim other than those mentioned in article L. 621-125, the creditors’ representative shall notify the creditor concerned, inviting him to make his explanations known. Failure to respond within the thirty-day period precludes any subsequent challenge to the proposal of the creditors’ representative.

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