Cour de cassation, civile, Chambre commerciale, 10 mars 2021, 19-21.971, Publié au bulletin
Case Outcome | Cassation sans renvoi |
Appeal Number | 42100207 |
Citation | Sur l'opposabilité de la déclaration d'insaisissabilité publiée avant le jugement d'ouverture de la liquidation judiciaire, à rapprocher : Com., 22 mars 2016, pourvoi n° 14-21.267, Bull. 2016, IV, n° 46 (rejet). |
Counsel | SCP Bouzidi et Bouhanna, SCP Marlange et de La Burgade |
Court | Chambre Commerciale, Financière et Économique (Cour de Cassation de France) |
Docket Number | 19-21971 |
ECLI | ECLI:FR:CCASS:2021:CO00207 |
Presiding Judge | Mme Mouillard |
COMM.
FB
COUR DE CASSATION
______________________
Audience publique du 10 mars 2021
Cassation sans renvoi
Mme MOUILLARD, président
Arrêt n° 207 F-P
Pourvoi n° Z 19-21.971
R É P U B L I Q U E F R A N Ç A I S E
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AU NOM DU PEUPLE FRANÇAIS
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ARRÊT DE LA COUR DE CASSATION, CHAMBRE COMMERCIALE, FINANCIÈRE ET ÉCONOMIQUE, DU 10 MARS 2021
Mme M... V..., domiciliée [...] , succédant à la SCP [...] , agissant en qualité de liquidateur judiciaire de M. O..., a formé le pourvoi n° Z 19-21.971 contre l'arrêt rendu le 2 juillet 2019 par la cour d'appel de Reims (chambre civile, section 1), dans le litige l'opposant à M. K... O..., domicilié [...] , défendeur à la cassation.
La demanderesse invoque, à l'appui de son pourvoi, le moyen unique de cassation annexé au présent arrêt.
Le dossier a été communiqué au procureur général.
Sur le rapport de Mme Vallansan, conseiller, les observations de la SCP Bouzidi et Bouhanna, avocat de Mme V..., ès qualités, de la SCP Marlange et de La Burgade, avocat de M. O..., et l'avis de Mme Henry, avocat général, après débats en l'audience publique du 19 janvier 2021 où étaient présents Mme Mouillard, président, Mme Vallansan, conseiller rapporteur, M. Rémery, conseiller doyen, et Mme Labat, greffier de chambre,
la chambre commerciale, financière et économique de la Cour de cassation, composée des président et conseillers précités, après en avoir délibéré conformément à la loi, a rendu le présent arrêt ;
Faits et procédure
1. Selon l'arrêt attaqué (Reims, 2 juillet 2019), M. O... a, le 12 août 2008, bénéficié d'une procédure de sauvegarde pour laquelle un administrateur a été désigné. Le 22 décembre suivant, M. O... a déposé une déclaration notariée d'insaisissabilité de deux immeubles non affectés à l'exploitation, qui a été publiée le 7 janvier 2009. La procédure de sauvegarde a été convertie en redressement judiciaire le 10 mai 2010, la date de cessation des paiements étant fixée au 12 août 2008. Le 11 septembre 2012, la procédure a été convertie en liquidation judiciaire, la société [...] , aux droits de laquelle vient Mme V..., a été désignée liquidateur.
2. Dans le cadre de sa mission de réalisation des actifs, le liquidateur, s'étant vu opposer la déclaration d'insaisissabilité, a assigné M. O... en inopposabilité de celle-ci.
Sur le moyen relevé d'office
3. Après avis donné aux parties, conformément à l'article 1015 du code de procédure civile, il est fait application de l'article 620, alinéa 2, du même code.
Vu l'article L. 526-1 du code de commerce, dans sa...
Pour continuer la lecture
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