Question 14956 — judicial and legal professions

Summary

Mr. Bastien Marchive draws the attention of Mr. Keeper of the Seals, Minister of Justice, to the effectiveness of the action of judicial agents, in their capacity as representative of the collective interest of creditors in the context of the liquidation of companies. Indeed, from the opening of collective proceedings, the law does not impose any duty or obligation of advice on the part of the agent vis-à-vis the creditor. Thus, recently, a community of the constituency of Mr. MP reported the unpaid rents of a company placed in liquidation but, lay in the matter, it omitted in producing its debts to claim the entirety of the material goods, made available to the entrepreneur and yet mentioned in the rental lease, of which the agent was aware, within the allotted time frame. While the community is now trying to buy back his own equipment, which was new, to the auctioneer, the agent, since he indicates having acted within the framework of the law, will be able to benefit from emoluments resulting from the seizure of the aforementioned goods and their sale, which potentially places him in a situation which could call into question the objective irreproachability which must nevertheless characterize his profession. Also, based on this factual example, he asks if the legal framework can evolve by imposing on agents an advisory role and calling for vigilance with regard to creditors.

Machine translation from French. The official text remains authoritative.

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