Do you want assistance in compulsory liquidation?Take no risk and call an expert!
The cabinet PHENIX EXPERTISE supports all business leaders or managers who want a accompaniment in judicial liquidation.Thus, thanks to our experience in this field, we will do the necessary so that the judicial liquidation of your company is pronounced quickly and so that your personal interests are protected from any possible attack of the Court or of creditors.
So contact us ! We will take stock of your situation together and provide you with sound advice.
Assistance in liquidation
Have you been experiencing difficulties for several months or even years? And you have no hope of rectifying the situation? Or do you want to turn the page and take on new projects?
First, the judicial liquidation is a collective procedure aimed at terminating the activity of the company. The first step of the procedure is to file for bankruptcy with the Commercial Court in accordance with articles R631-1 and R631-2 of the Commercial Code.
Whether you are a sole proprietorship, a EURL, an SARL or even an SA / SAS, PHENIX EXPERTISE offers you support in compulsory liquidation and guides you through all the stages of filing for bankruptcy, upstream of the declaration of insolvency up to 'at the end of the procedure.
Assistance in judicial liquidation by PHENIX EXPERTISE, it is :
- get help in putting together the Cessation of Payments file (form, documents, etc.);
- obtain clear and precise advice on the course of the procedure;
- benefit from assistance in the management of the business;
- avoid wasting time in the various twists and turns of the administrative services of the Commercial Courts;
- benefit from a positive intervention with your third parties, creditors or bailiffs (employees, suppliers, bailiffs, social tax bodies, etc.).
Indeed, it can be difficult to deal with your creditors. External intervention often allows the necessary perspective to be taken and conflict to be avoided.
PHENIX EXPERTISE also helps you anticipate rather than suffer. During such procedures, which are very difficult to live with, the firm offers you real support on which you can count on a daily basis.
The stages of judicial liquidation with PHENIX EXPERTISE
1. Declaration of suspension of payments
For your support in judicial liquidation, the first step is to file a declaration of suspension of payments with the clerk of the competent Commercial Court.
Indeed, it is a question of noting and making note that the company is not able to meet its debts on good date. If you would like more information about the state of suspension of payments, Click here ! Subsequently, it is necessary to complete a specific form and to accompany it with certain annexes or documents. During this period, we will also tell you what payments to make or not to make.
PHENIX EXPERTISE perfectly knows the steps to be taken and will guide you so that this step can be carried out as quickly as possible (allow between 8 and 10 days).
Finally, at the end of the submission of the file to the registry, you will receive a summons to a hearing at the Commercial Court which will result in the opening of the proceedings. judicial liquidation.
To find out more about judicial liquidation, read our full article.
2. Opening of the judicial liquidation procedure
Second step of your support in judicial liquidation, you will receive a summons to a hearing which will open the liquidation procedure after the filing of the file for the declaration of suspension of payments filed with the court registry. So,
So, PHENIX EXPERTISE, expert inaccompaniment in judicial liquidation, will advise and assist you with:
- prepare the hearing at the commercial court - both in form and substance;
- meet the many constraints set by the procedure;
- help you discuss with the liquidator (major player in bankruptcy proceedings);
- discuss with your creditors or bailiffs;
- and also, inform you about what you can and cannot do ...
In conclusion, our role will be to facilitate all the steps involved in the procedure for you. We will also help you protect your personal interests. You will thus be able to seize any opportunity to bounce back to other projects.
So, do not hesitate to contact us to discuss your situation by following this link. Response within 24 hours guaranteed! And the first diagnosis is free and without obligation.
3. Closure of judicial liquidation
The judicial liquidation ends when the closure is pronounced by the Tribunal. It is a judgment, rendered at the request of the liquidator when he considers that his mission is fulfilled. In the simplest cases, the closure occurs a few months after the opening of the procedure but it is possible that this will last several years if there are disputes (industrial tribunal, commercial, etc.).
The law provides for two types of closure of the judicial liquidation :
- If all creditors have been paid: closing for extinction of liabilities. If there is an overpayment, the amount will then be returned to the manager at the end of the closing.
- If the creditors have not been paid in full: the closure for insufficient assets.
In the latter case, it is customary for creditors who have generally already recovered VAT and have also benefited from the tax provisions on bad debts, do not initiate proceedings against the debtor.
Concretely, after the closing of the judicial liquidation, the creditor who has not been paid can no longer sue his debtor.
Finally, with some exceptions, the debtor can exercise a new independent activity or run a business without restrictions. This is why it is often very useful to call on an expert advisor to avoid any questioning of the manager.
The mission of PHENIX EXPERTISE will end on the day of the official deregistration of the company. Also know that we will also be at your side if you want to bounce back and create a new structure, start a new activity. Indeed, we also support entrepreneurs to carry out the creation of a company.
A word from the CEO of PHENIX EXPERTISE
Manager - Founder
These steps are difficult to take ... Do not stay alone!
Contact me, we will discuss your situation free of charge and without obligation. I am able to support you in this difficult period!