Defending a British chemical business’s claim in French insolvency proceedings

Author

Hervé Blatry, French-qualified Avocat at Tees Law, specialist in French property and cross-border legal matters.

Avocat

Protecting a British chemical business’s interests when a key French supplier entered insolvency proceedings.

  • Advised the UK subsidiary of a major US chemicals group following the insolvency of a French supplier of chemical compounds.
  • Prepared and submitted a substantial creditor claim in accordance with French insolvency requirements.
  • Defended our client’s position against attempts by the judicial administrator to reject parts of the claim.
  • Presented legal arguments and supporting evidence to maximise the value of the admitted claim.
  • Guided our client through a complex French insolvency process while protecting their commercial interests.

Recovering debt from an insolvent French supplier

A French supplier of chemical compounds entered insolvency proceedings while owing substantial sums to our client, the UK subsidiary of a large US chemicals group.

As a creditor in the French insolvency proceedings, our client had to submit a formal declaration of claim within strict deadlines and in line with detailed procedural requirements. Failing to meet these requirements could have resulted in the exclusion of all or part of the debt from the proceedings.

The situation became more complicated when the court-appointed judicial administrator challenged elements of the claim and sought to have part of the debt rejected.

Given the sums involved and the unfamiliarity of the French insolvency system, our client required specialist legal support to protect their position.

Defending our client’s claim under French insolvency law

We supported our client throughout the claims process, reviewing the underlying commercial relationship and supporting documentation before preparing and submitting the declaration of claim. We also managed correspondence with the judicial administrator, ensuring the claim complied fully with the relevant procedural requirements.

When objections were raised, we developed detailed legal arguments and assembled supporting evidence to challenge the administrator’s position and defend the validity of the claim.

Throughout the matter, we provided practical, commercially focused advice, helping the client understand the implications of each stage of the proceedings and the options available.

Protecting our client’s commercial interests

By successfully presenting and defending the claim, we helped our client defend their position within the French insolvency proceedings and maximise their prospects of recovery.

The matter demonstrated the importance of experienced Anglo-French legal advice when UK businesses are required to pursue claims against insolvent French companies. Our understanding of both the legal and commercial issues enabled our client to navigate a complex cross-border process with confidence.

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