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How to apply for judicial reorganisation, in practice
You have concluded that judicial reorganisation is the best course, you have discussed it with a specialist and you have an idea of the plan. What remains is the administrative process itself, which is simpler than people imagine.
Filing the petition
Once the papers are gathered, the company’s manager or director — or, where appropriate, his lawyer — attends the registry of the commercial court with jurisdiction, and files the duly signed petition. The registrar issues a receipt.
You do not need a third party for this step: the law was designed so that the owner could take it himself.
The hearing and the decision
The judge summons the debtor as soon as possible in order to hear him. He studies the documents submitted before deciding whether or not to grant the benefit of the proceedings.
Where the decision is favourable, he sets its duration, appoints a delegated judge who will follow the debtor throughout the period, and appoints a lawyer or a mediator according to the debtor’s preference.
What changes from that moment
The reorganisation begins. During this period the debtor’s debts are frozen, and he can no longer be pursued for non-payment of sums due before the date proceedings started.
That period must be put to use finding solutions. It goes quickly: the stay is not a respite, it is a working deadline.
Nady Bilani
Being ready on the day you file
The file you hand over that day shapes everything that follows. We can go through it with you before you appear at the registry.
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