The Court of Cassation prohibits banks from automatically closing an account in the event of judicial liquidation, reserving this decision to the liquidator.
Our firm provides both advisory and litigation support to banking institutions, investment funds, and other creditors in managing banking law issues and enforcement procedures, ensuring the efficient and swift recovery of their claims.
We intervene at all stages of the debt collection procedure and represent our clients before civil and commercial courts to obtain enforceable titles or act in defense to debtors' disputes.
We conduct a comprehensive audit of your case to identify the debtor's assets and guarantees in order to ensure rapid debt collection. Our firm has a network of reactive solvency investigators to obtain the information necessary to adopt the best debt collection strategy. At the end of this analysis, precautionary measures can be taken on the identified assets in order to secure the full payment of claims.
In the absence of an enforceable title (judgment, notarial loan, etc.), our firm ensures the procedure before the civil and commercial courts to have the existence of your debt recognized and to obtain an enforceable title prior to enforcement measures.
With its network of judicial commissioners, our firm ensures the rapid implementation of the enforcement measures most suited to the debtor's profile and the realization of securities (real estate seizure, garnishments, seizure of sale, etc.). We also appear before the enforcement judge to ensure the effectiveness of the measures, especially when the debtor challenges the seizures. This also applies to the distribution of sale proceeds following a voluntary or judicial sale.
Our firm represents creditors when their liability is incurred by the debtor (failure to provide information, advice or warnings). We also analyze the possible recourses of creditors against third parties when they are possible.
Our firm also supports creditors whose debtor is subject to insolvency proceedings (safeguard, receivership, or liquidation) or personal over-indebtedness procedures. We handle the preparation of claims declarations and any related disputes that may arise.
We intervene in the context of debt portfolio assignments in order to analyze the enforceable titles and guarantees offered. The purpose of the audit is to analyze the regularity of the securities and guarantees, to ensure the validity of the claim, in particular with regard to the risks of prescription, and to determine a possible schedule for recovering the debt in view of the procedures in progress.
The Court of Cassation prohibits banks from automatically closing an account in the event of judicial liquidation, reserving this decision to the liquidator.
The Court of Cassation is unifying its case law: claims for damages in the event of non-conformity of work are now subject to a proportionality review. Decryption of the judgment of July 6, 2023.
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