Best Bankruptcy Lawyers in France

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VOLT Associés
Paris, France

Founded in 2016
English
VOLT Associés is a Paris-based law firm specializing in business law, offering comprehensive services in Private Equity/M&A, Finance, Tax, and Restructuring/Litigation. The firm caters to a diverse clientele, including investment funds, listed companies, SMEs, credit institutions, entrepreneurs,...
BARBIER LEGAL
Paris, France

English
Barbier Legal, established in 2015 by Jérôme Barbier, is a boutique law firm with offices in Paris, France, and Neuchâtel, Switzerland. The firm specializes in restructuring and insolvency, offering comprehensive services that encompass pre-insolvency proceedings, financial restructuring,...

Founded in 2024
English
Matthieu LE BARS MLB AVOCAT Rodez is a distinguished law firm in France, renowned for its comprehensive legal services across multiple domains. Specializing in bankruptcy, business, and employment law, the firm is adept at navigating complex legal challenges with precision and strategic acumen. The...
Peter Schmid, Avocat
Chartres, France

English
Peter Schmid, Avocat is a distinguished law firm in France, renowned for its comprehensive expertise across a wide spectrum of legal domains. Specializing in areas such as civil and criminal law, the firm is adept at navigating complex legal landscapes. Their proficiency extends to bankruptcy law,...

Founded in 2022
English
Swift Litigation is a Paris-based law firm dedicated to handling complex and serial litigation cases. The firm offers tailored services that align with clients' specific challenges and overarching strategies. Comprising seasoned attorneys specializing in litigation, Swift Litigation is adept at...
ARCHERS
Paris, France

Founded in 2009
English
ARCHERS is a prominent independent law firm based in Paris, France, offering comprehensive legal services across various practice areas, including banking and finance, mergers and acquisitions, tax, real estate, litigation and arbitration, private equity, restructuring and insolvency, and wealth...
Lawyers of Thelema
Montpellier, France

Founded in 1978
English
Lawyers of Thelema in France commands respect and admiration in the legal community with their comprehensive range of practice areas, including bankruptcy, criminal justice, divorce, employment, family law, personal injury, tax, and general practice. Each attorney brings a wealth of experience and...

Founded in 2003
English
Me PATRICK BESSE - 40100 is a distinguished law firm in France, renowned for its specialized services encompassing a broad spectrum of legal and consultancy fields. The firm excels as an Administrative Attorney, guiding clients through complex governmental regulations and administrative processes...
Fairway
Paris, France

Founded in 2011
English
Fairway is a distinguished French business law firm established in 2011, renowned for its comprehensive expertise in the real estate sector. The firm offers a full spectrum of services, including real estate transactions and investments, leasing, property management, real estate and corporate...
Juri Conseil Entreprise
Tremblay-en-France, France

Founded in 1994
English
Juri Conseil Entreprise, established in 1994, is a law firm located in Tremblay-en-France, specializing in business law. The firm offers a comprehensive range of services, including commercial leases, business transfers, debt recovery, and contract drafting. With a deep understanding of the legal...
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About Bankruptcy Law in France

Bankruptcy in France is governed by a series of legal frameworks designed to handle financial insolvency. These laws aim to protect the interests of creditors while offering a fair chance for businesses and individuals to restructure or liquidate their debts. French bankruptcy law places a strong emphasis on restructuring over liquidation, allowing financially distressed businesses a chance to restore their operations. The process is structured under several procedures, including Mandat ad hoc, Conciliation, Sauvegarde (safeguard), Redressement Judiciaire (judicial reorganization), and Liquidation Judiciaire (judicial liquidation), each with its specific mechanisms and conditions.

Why You May Need a Lawyer

Engaging a lawyer can be crucial in navigating the complexities of bankruptcy law in France. Common situations where legal help might be needed include:

  • Analyzing financial situations and advising on the most suitable legal pathway.
  • Drafting and submitting necessary documentation to court proceedings.
  • Negotiating with creditors to reach an amicable arrangement.
  • Representing individuals or companies in court during bankruptcy proceedings.
  • Advising on asset protection and potential liabilities if a liquidation is inevitable.

Local Laws Overview

French bankruptcy laws emphasize financial reorganization and preservation of companies. Here are some key aspects:

  • Mandat ad hoc: A voluntary procedure where a mediator assists in negotiating with creditors. It's non-judicial and remains confidential.
  • Conciliation: Similar to Mandat ad hoc but formalized by court approval. It allows renegotiation of debts under court supervision.
  • Sauvegarde: Designed for businesses not yet insolvent but facing difficulties. The company may continue its operations while restructuring its debts.
  • Redressement Judiciaire: Employed when a company is already insolvent. The aim is restructuring rather than dissolution.
  • Liquidation Judiciaire: Applied when reorganization is not possible, leading to the sale of assets to pay creditors.

Frequently Asked Questions

What is the difference between Sauvegarde and Redressement Judiciaire?

Sauvegarde is a proactive measure for businesses in difficulty but not yet insolvent, whereas Redressement Judiciaire is for those already in a state of cessation of payments.

Can individuals file for bankruptcy in France?

Yes, individuals can follow the Procédure de Surendettement, which helps manage personal debts under the supervision of the Banque de France.

What role does a creditor play in French bankruptcy proceedings?

Creditors must file claims within a particular time frame and participate in the restructuring process. Their approval is crucial in consensus-based solutions like Conciliation.

How long does a bankruptcy process take in France?

It varies by procedure. Conciliation lasts around four months, Sauvegarde can take up to 18 months, and Redressement Judiciaire may extend over several years depending on complexity.

Is the bankruptcy filing public?

For judicial procedures like Sauvegarde and Redressement Judiciaire, yes, filings are public. However, Mandat ad hoc remains confidential.

What happens to employees in a company undergoing bankruptcy?

Employees' contracts are protected during proceedings. If redundancies are necessary, legal procedures must be observed to minimize impact.

How does bankruptcy affect a company director personally?

Directors may face disqualification if found guilty of mismanagement. Personal assets are typically not at risk unless personal guarantees were made.

Can a foreign company file for bankruptcy in France?

A foreign company with a business operation or assets in France can be subject to French bankruptcy proceedings.

Are there alternatives to bankruptcy?

Yes, Mandat ad hoc and Conciliation are non-bankruptcy alternatives that can help resolve financial distress outside of court.

What is the role of the Banque de France in cases of personal bankruptcy?

The Banque de France manages and facilitates the debt restructuring process for individuals through the Household Debt Commission.

Additional Resources

Here are some valuable resources if you need legal advice regarding bankruptcy in France:

  • Banque de France: Provides guidance on personal over-indebtedness procedures.
  • Tribunal de Commerce: Handles commercial bankruptcy cases and offers resources for businesses.
  • Legal Aid Services: Organizations offering free or reduced-cost legal advice for qualifying individuals.
  • Local Bar Associations: Can recommend qualified attorneys specializing in bankruptcy law.

Next Steps

If you consider filing for bankruptcy or need legal assistance in France, consider the following steps:

  1. Assess your financial situation to determine the most appropriate procedure.
  2. Gather all relevant financial documents and records.
  3. Consult with a lawyer specializing in French bankruptcy law for personalized guidance.
  4. Contact the Tribunal de Commerce or Banque de France for procedural information and formalities.
  5. Explore mediation options like Mandat ad hoc or Conciliation before proceeding to judicial routes.

Lawzana helps you find the best lawyers and law firms in France through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Bankruptcy, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.