A creditor cannot request the appointment of a provisional administrator for its debtor

Cass. com., 7 May 2025, No. 23-20.471 According to the Court of Cassation, a creditor of a company does not have the right to request the appointment of a provisional administrator for that company. The facts Two foreign companies, The Family Fellowship LLP and The Family Global Godfathers SPC, claimed to be creditors of the …

Lire la suite de A creditor cannot request the appointment of a provisional administrator for its debtor

Insolvency proceedings in Portugal and effects on legal action for recovery in France.

Cass. com., 5 Feb. 2025, No. 23-12.588 In a recent decision, the Court of Cassation reiterated that when a debtor is subject to an insolvency proceeding in a Member State of the European Union, a French court cannot ignore the effects of these proceedings and continue to examine a claim for payment. This judgement constitutes …

Lire la suite de Insolvency proceedings in Portugal and effects on legal action for recovery in France.

Paulian action in the event of fraudulent transfer of a business

Cour de cassation, com, 29 January 2025, no. 23-20.836 The paulian action can be implemented when an easily seizable asset is replaced by a sum of money that is easier to conceal. This decision is a reminder that the paulian action is not conditional on proof of the debtor's apparent insolvency. Background and facts The …

Lire la suite de Paulian action in the event of fraudulent transfer of a business