Declaration of suspension of payments
Preparation of the declaration of suspension of payments (DCP) within the legal deadlines, choice of court, support at the opening hearing, appointment of the officers (administrator, creditors' representative).
→ Restructuring · Sub-expertise
Judicial reorganisation (redressement judiciaire) intervenes where a suspension of payments has been established but recovery remains possible. It offers a structured framework to reorganise the company, freeze the liabilities and build a continuation or disposal plan. We support directors, investors and buyers at every stage of the procedure.
→ What we cover
Preparation of the declaration of suspension of payments (DCP) within the legal deadlines, choice of court, support at the opening hearing, appointment of the officers (administrator, creditors' representative).
Economic and social diagnosis, freezing of liabilities, stay of enforcement actions, day-to-day management under the control or with the assistance of the judicial administrator.
Drafting of a continuation plan: debt rescheduling (up to 10 years), possible waivers, operational restructuring, capital increase.
Preparation and negotiation of a total or partial disposal plan for the company, choice of buyer, negotiation of the scope and commitments.
Decision by the administrator to continue or terminate ongoing contracts, management of leases, commercial contracts and employment contracts.
Protection of the director's interests throughout the procedure, anticipation of liability actions, securing of sensitive decisions.
→ Our approach
01
Preparation of the declaration of suspension of payments (DCP), opening hearing, setting of the date of suspension of payments, appointment of the officers and of the observation period.
02
Financial and social diagnosis, filing of claims by creditors, supervised day-to-day management, search for recovery solutions.
03
Construction of a continuation plan and/or search for buyers for a disposal plan, negotiation with the stakeholders.
04
Adoption of the plan by the court, appointment of the execution commissioner, operational implementation and multi-year monitoring of the commitments.
→ Who we help
An industrial company in a suspension of payments following a sector-wide crisis: continuation plan over 10 years with debt rescheduling and operational restructuring.
Search for a buyer, negotiation of the social scope (transfer of employment contracts), validation of the disposal plan by the court.
Disposal of the viable activities to a buyer and liquidation of the remainder, with a view to maximum preservation of jobs and value.
Disposal plan prepared in conciliation then quickly sanctioned in judicial reorganisation, to limit the duration of the procedure and preserve value.
→ Q&A
The inability of the company to meet its due liabilities with its available assets. It is a cash-flow concept (not a balance-sheet one): a company may be in a suspension of payments even with a positive net position if it cannot pay its immediately due debts.
Within 45 days of the suspension, unless a conciliation is requested within the same period. Delay exposes the director to a personal liability action (insufficiency of assets, personal bankruptcy). Anticipating and declaring within the deadlines remains essential.
Depending on the administrator's mission (assistance, supervision or representation). In most cases, the director continues to manage with the administrator's assistance. Representation, which divests the director, is rarer and reserved for the most serious cases.
Three possible outcomes: adoption of a continuation plan (the company continues its activity with a repayment schedule), adoption of a disposal plan (transfer to a buyer), or conversion into judicial liquidation if no viable solution emerges.
→ Go further
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