Businesses in difficulty
Out-of-court and court-supervised procedures, or defending your claims as a creditor.
We advise owners on early, confidential procedures and court-supervised proceedings, and defend creditors' claims, which must generally be filed within two months of publication of the opening judgment.
Frequently asked questions
What is conciliation?
An amicable and confidential procedure, opened by the president of the court, in which a conciliator helps the business reach an agreement with its main creditors. It is available as long as the business has not been unable to pay its debts for more than 45 days.
When must insolvency (cessation des paiements) be declared in France?
A business is insolvent when it can no longer meet its due liabilities with its available assets. The director must then apply to the court for the opening of insolvency proceedings within 45 days, unless they have requested conciliation within that period. A late filing can expose the director to sanctions, including a ban on managing a company.
Official source: Service-Public.fr (official page)
What is the difference between safeguard, receivership and liquidation in France?
Safeguard (sauvegarde) is opened at the request of a business facing difficulties it cannot overcome but which is not insolvent; it aims to reorganise the business. Receivership (redressement judiciaire) concerns an insolvent business that can still be rescued, through a continuation or sale plan. Compulsory liquidation is ordered when rescue is clearly impossible: it ends the business and organises the sale of its assets.
Official source: Service-Public.fr (official page), Service-Public.fr (official page) (2), Service-Public.fr (official page) (3)
What is an ad hoc mandate (mandat ad hoc)?
The ad hoc mandate is an amicable and confidential procedure: at the director's request, the president of the court appoints an officer to help the business negotiate with its main creditors or partners. It is reserved for businesses that are not insolvent. Its confidentiality protects relationships with customers and suppliers.
Official source: Service-Public.fr (official page)
How can a debt be recovered from a business in insolvency proceedings?
The creditor must lodge its claim with the court-appointed creditors' representative within two months of publication of the opening judgment in the BODACC (four months if established outside mainland France). After that, it can no longer share in distributions unless it obtains relief from the time bar, which must be requested within a limited period. It is therefore essential to monitor publications concerning one's customers.
Insights on this topic (in French)
Facturation électronique : ce qui est obligatoire depuis le 1er septembre 2026
Revirement de Jurisprudence confirmépar la décision du 13 Mai 2026 (n° 24-21.476) en matière de rupture contractuelle anticipée
