Collo vs McDo

Legal concepts

Compulsory liquidation

The procedure opened when the business has ceased payments and its recovery is manifestly impossible. Assets are sold, proceeds distributed, the business closed.

In brief

  • Cessation of payments: inability to meet liabilities that are due with available assets.
  • Today: Articles L. 640-1 et seq. of the Commercial Code (numbering from the law of 26 July 2005).
  • ⚠️ At the time of the Collorafi case, the applicable text was Law no. 85-98 of 25 January 1985 — citing “L. 640-1” for a judgment from the 1990s would be an anachronism.
  • The debtor is divested of its powers; a liquidator represents it, under the supervision of a supervising judge.
  • The schedule of claims is filed with the court registry: it is the list of claims admitted or rejected by the supervising judge.

Compulsory liquidation is the end of the line in insolvency proceedings. Two cumulative conditions: the business has ceased payments — it can no longer pay what is due with what it has available — and its recovery is manifestly impossible. The court then ends the business activity and organises the realisation of the assets.

The debtor loses control: it is divested of the administration and disposal of its assets. A liquidator represents it, sells the assets and verifies the claims. The supervising judge admits or rejects each claim lodged; the resulting list forms the schedule of claims, filed with the court registry and available for consultation.

Judicial reorganisation is the related procedure, opened when recovery is not manifestly impossible: it begins with an observation period, at the end of which the court adopts a plan, orders a sale, or switches to liquidation.

Bernard Collorafi's three companies — SEBOL, B & O, Les Pins — were liquidated by the Antibes Commercial Court in 2001. The case file holds the schedules of their claims.

Sources

External sources.

  1. Commercial Code, Article L. 640-1 — Légifrance
  2. Law no. 85-98 of 25 January 1985 (text applicable at the time of the case) — Légifrance
  3. Commercial Code, Article R. 624-8 (schedule of claims) — Légifrance

Where this comes up in the case file

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