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This statement subtracts buildings for private use of the influence of business creditors. The Law of 4 August 2008 (LME law modernization of the economy) extended to all non-professional buildings the possibility of a notarized statement from seizure.
The law recognizes the effectiveness of the DNI as part of bankruptcy proceedings. kate middleton pregnant The liquidator may not realize kate middleton pregnant the building in the collective interest when was the subject of a prior DNI.
The judgment of the Commercial Chamber of 28 June 2011 that the statement of seizure before the opening judgment is enforceable against the procedure despite the divestiture rule of judicial liquidation. Well beyond the common pledge of creditors and escape the real effect of the procedure. However, the declaration is unenforceable against former creditors and lay creditors.
The judgments of the Commercial Chamber of 13 March 2012 and 23 April 2013 confirm the effectiveness of the DNI even if irregular publication through kate middleton pregnant a collective process. The irregular or fraudulent statements kate middleton pregnant seizure (made just before the opening of a procedure) are unassailable in bankruptcy proceedings.
Com April 23, 2013 poses a solution principle of inadmissibility of the Paulian action against the liquidator a notarized statement from seizure Unrestricted exploitation on the grounds that it was not building in the collective interest creditors but in the interest of some of them. The public interest kate middleton pregnant is not the sum of individual interests of all creditors.
And prior to the opening DNI judgment is enforceable against the organs of the collective procedure. If the liquidator decides to sell the property subject to the DNI, he commits kate middleton pregnant an abuse of power.
DNI whose publication is illegal remains enforceable against the insolvency kate middleton pregnant proceedings (Com 13 March 2012) and the liquidator kate middleton pregnant is not entitled to exercise the Paulian action.
For commercial room, the liquidator has no interest in acting kate middleton pregnant since the declaration of seizure produces kate middleton pregnant its effects to the business creditors, whose title was born after publication. In other words, when acting against the DNI, he defends a part of creditors (those with their DNI is enforceable).
The liquidator may not invoke the fraud even if shortly before the opening of the procedure was carried out DNI. The liquidator has the function to save and where appropriate, to reconstruct the common pledge of creditors. But if the building kate middleton pregnant is elusive, it is no longer part of the common pledge of creditors. The building kate middleton pregnant is considered kate middleton pregnant out of the bankruptcy proceedings.
Notarized statement from seizure allows the placement of buildings in an unassigned to the company beyond the reach of business kate middleton pregnant creditors heritage. The rest of movable or real estate kate middleton pregnant that is not subject to NI statement of the contractor remains in the common pledge of all creditors and, consequently, remains under the collective procedure. kate middleton pregnant
The building once been a DNI, the owner is no longer free. If it sells, it must reinvest in the year, if the funds received are no longer kate middleton pregnant covered by the DNI, Article L526-3 of the Commercial Code.
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