Filing of claims
Filing within the legal deadlines (generally 2 months from publication of the opening judgment, 4 months for creditors residing abroad), with all the supporting evidence.
→ Restructuring · Sub-expertise
For the creditor, the insolvency proceedings of its debtor are a technical journey: filing its claim within the deadlines, justifying its amount and rank, defending its position in the event of a challenge. A poorly made or late filing may extinguish the right. We support creditors — banks, suppliers, landlords — in preserving their rights.
→ What we cover
Filing within the legal deadlines (generally 2 months from publication of the opening judgment, 4 months for creditors residing abroad), with all the supporting evidence.
Identification of the rank: preferential, super-preferential, unsecured, post-procedure claim. This characterisation determines the order of payment.
Declaration of security interests (pledge, charge, mortgage, Dailly assignment), preservation of priorities, coordination with reclaim or restitution actions.
Response to challenges by the creditors' representative, defence before the supervising judge, possible appeal in the event of rejection of the claim.
Action for relief from foreclosure where the filing could not be made within the deadlines for a legitimate reason (failure of the debtor to provide information).
Overall advice on creditor strategy: participation in the committee, voting on the plan, negotiation of specific agreements, exercise of individual remedies.
→ Our approach
01
Monitoring of legal publicity and identification of the proceedings opened against debtors, the starting point of the filing deadlines.
02
Inventory of the claims, identification of the rank and security interests, collection of supporting evidence, calculation of interest.
03
Submission of the filing to the creditors' representative within the deadlines, monitoring of the verification, response to additional requests.
04
Defence in the event of a challenge, submissions before the supervising judge, appeal, exercise of additional individual actions.
→ Who we help
Filing of a bank's claims (facilities, overdraft, credit lines), preservation of the security interests (pledge, Dailly assignment), positioning within the classes of the plan.
Filing and defence of a strategic supplier's claims, coordinated with a reclaim of unpaid goods (retention-of-title clause).
Filing of the rents due and to fall due, defence of the landlord's priority, management of the administrator's decision to continue or terminate the lease.
Action for relief from foreclosure for a creditor not informed of the procedure, demonstration of the excusable nature of the failure.
→ Q&A
In principle 2 months from publication of the opening judgment in the official bulletin (BODACC). 4 months for creditors residing outside mainland France. The deadline runs even if the creditor was not personally informed, hence the importance of monitoring insolvency proceedings.
The claim is in principle unenforceable against the procedure: no payment, no voting rights, loss of security interests. An action for relief from foreclosure is possible if the creditor proves that its failure is not attributable to it. The deadlines are strict.
A preferential claim benefits from a priority rank for payment (super-preferential claims of employees, pledges, mortgages, procedure costs). An unsecured claim has no guarantee: it is paid last, after all the priorities, and often recovers only a fraction.
The creditors' representative may challenge all or part of the filed claim. The creditor must then respond within the deadlines and defend its position before the supervising judge. An appeal is possible. A file solidly substantiated from the outset of the filing limits challenges.
→ Go further
Let's talk. We respond within one business day to qualify your transaction and direct you to the firm's most suitable lawyer.
Get in touch→