It is not required to settle it at this time
The legal agent has the authority to act on behalf and in the collective interest of the creditorsIt will invite the creditors to declare their claims, check their amount and then collect their opinions on the proposals of settlement made by the administrator and the leader. If the legal agent does not properly state its mission, any creditor, from the time that he was appointed controller, has the ability to act in the collective interest of the creditors.
This is only possible after it has sent the proxy a setting in residence remained unfruitful for two months.
To be able to control and monitor the procedure, any creditor can ask to be appointed controller.
Its role will be to assist the legal representative in his duties and the judge-commissioner in its mission of oversight of the administration of the debtor.
His functions may be exercised either personally or by its agents or by counsel. Any creditor, from the moment that he stated his claim in the rules, may apply to the judge-commissioner to appoint a controller. However, the controller or his representative must be neither relative or ally up to the th degree inclusive of the entrepreneur or managers of the legal entity debtor. The controller will have a general power of control and supervision over the conduct of the operations.
In this perspective he will be able to: controllers may be designated as after a period of twenty days following the judgment opening the procedure.
To become a controller, the creditor must file a request at the end of designation of the controller. The judge-commissioner will then give a ruling within ten days of the filing of the application. The situation of the creditors to the opening of the procedure is dramatically different. While some see their rights restricted from the judgment of the opening, the other benefit of a privilege. The opening of composition proceedings, discontinues the proceedings already initiated against the company and prevents creditors to trigger a new, whether they are unsecured or privileged. But this rule has several exceptions People coobligées (person holding a debt with others, such because the debt has been contracted with solidarity or that it is indivisible), the guarantors and the persons who assigned or transferred a collateral benefit from the rule of the suspension of the proceedings during the observation period. The seizure is continuing its effects on the amounts received at maturity, even after the opening of the procedure. If the company is already engaged in a lawsuit, it is suspended until the creditor has declared his claim. Once the declaration is made, the trial resumes, but may not allow the recognition of the debt of the debtor and the determination of its amount.
The judgment opening prohibits and stops any action of this type, except if the creditor has the privilege said of the money.
Benefit of this lien debt incurred after the judgment opening is for the purpose of the adjustment procedure judicial or the observation period or as consideration for a service provided to the company, shall be paid at their maturity dates and for which the company has not been able to pay it at maturity. The judgment opening stops or prohibits any enforcement proceedings on the part of the same creditors as on the furniture that the properties (land and premises) of the debtor. If the property has already been sold at auction, the remission of sums due to each of the creditors is also prohibited or interrupted.
The creditors who have a right of ownership over a movable property that the company owns (for example by the effect of a leasing contract) may not exercise a claim for a period of three months from the opening of the procedure of legal redress.
However, if the contract was issued, the creditor is exempt from recognition of his property right and may claim the return of his property. The debtor does not have the right to pay spontaneously one of its creditors during the observation period, whether a general creditor or preferred. By way of exception, remain possible: This ban means that, as of the opening of the procedure of legal redress, the creditors can no longer: As of the opening of the procedure of legal redress, the interest provided for by law or by a contract, late payment interest and surcharges in respect of claims which arose prior cease to accrue. This rule applies to all creditors and also benefits the guarantors physical persons of the debtor.
