In France, when a company is in difficulty and “files for bankruptcy” , its creditors have two months to declare their debts, from the publication in the BODACC of the judgment opening the collective procedure.
For his part, the debtor must submit a list of debts to the judicial representative who has just been appointed or can then complete it within this two-month period. It is thus presumed to have declared the debt, which exempts the creditor from doing so.
However, if this debt has been insufficiently declared by the debtor, it is up to the creditor to declare the additional amount within the same two-month period.
If he does not do so, the creditor has recourse and requests to be relieved of the foreclosure within six months of the publication in BODACC mentioned above.
But he must then demonstrate that his failure to not have declared within the two-month period is not due to his own doing, as required by article L622-26 paragraph 1 of the commercial code.
This is what the Court of Cassation recalls in a recent judgment of March 27, 2024
You will understand that there are many traps in this matter.
Our first advice is to declare your debts without relying on your debtor (you are never as well served as by yourself!)
The second is to contact your lawyer so that what is necessary is done on time !
You can count on DEFIS AVOCATS, which practices these subjects daily for its clients !
