Restructuring & insolvency lawyer — Chaumont, France

Mac Mahon Avocats is a Paris business law firm, 33 avenue Mac-Mahon, Paris 17. Its lawyers act before the Commercial Court of Chaumont in restructuring, out-of-court prevention, formal insolvency proceedings and commercial litigation.

Courts with jurisdiction over Chaumont

First instance

Commercial Court of Chaumont

Court of appeal

Court of Appeal of Dijon

Region

Grand Est

Link with Paris

260 km from Paris — TGV Paris–Chaumont: 2h15

Territorial jurisdiction follows the debtor's registered office (Art. R. 600-1 of the French Commercial Code). French counsel are not subject to territorial restriction for advisory work, and no local postulation is required before commercial courts.

Local economic context

Chaumont is the administrative centre of Haute-Marne, a department whose economy relies on metalworking, cutlery, timber and agriculture — industrial activities that are sensitive to energy costs and to the concentration of their client base.

How a Chaumont matter is handled

  1. Diagnosis (day 0 to day 5): review of available cash, tax and social security instalments, due and payable liabilities and available assets, in order to establish whether cessation of payments is characterised under Art. L. 631-1 of the Commercial Code.
  2. Choice of procedure (day 5 to day 15): arbitration between confidential out-of-court tools (ad hoc mandate, conciliation) before the president of the Commercial Court of Chaumont and formal insolvency proceedings.
  3. Filing and hearing: preparation of the file (accounts, schedule of liabilities, 13-week cash forecast, security interests), filing with the court registry, hearing in chambers for out-of-court procedures.
  4. Execution: negotiation with banks and public creditors, monitoring of the observation period, preparation of the plan or of the sale, and appeal before the Court of Appeal of Dijon where required.

Local counterparties

A matter opened in Chaumont involves the registry of the Commercial Court of Chaumont, the supervising judge (juge-commissaire), the court-appointed administrator and creditors' representative, the CCSF (committee for tax and social security debt rescheduling), the CODEFI (departmental committee for corporate financing difficulties) and the regional AGS office, which advances employee claims. The firm acts from Paris and, where the procedure requires it, coordinates with a member of the local bar.

French insolvency toolkit at a glance

ProcedureEntry conditionDurationLegal basis
Ad hoc mandate (mandat ad hoc)No cessation of paymentsSet by the court president, usually 3 months, renewableArt. L. 611-3 Commercial Code
ConciliationActual or foreseeable difficulties; cessation of payments for 45 days at most4 months + 1 month extensionArt. L. 611-4 to L. 611-16
Safeguard (sauvegarde)Insurmountable difficulties, no cessation of paymentsObservation period 6 months, up to 12Art. L. 620-1 et seq.
Rehabilitation (redressement judiciaire)Cessation of payments, recovery possibleObservation period up to 18 monthsArt. L. 631-1 et seq.
LiquidationCessation of payments, recovery manifestly impossibleVariable; business continuation 3 months, renewableArt. L. 640-1 et seq.

A declaration of cessation of payments must be filed within 45 days of that state arising, unless a conciliation request is filed within the same period (Art. L. 631-4 of the French Commercial Code).

Frequently asked questions

Which court has jurisdiction over a company registered in Chaumont?

The Commercial Court of Chaumont has jurisdiction over traders and commercial companies whose registered office lies within its district. Its decisions may be appealed before the Court of Appeal of Dijon.

Within what time must cessation of payments be declared?

The declaration must be filed with the court registry within 45 days of cessation of payments, unless a conciliation request is filed within the same period (Art. L. 631-4 of the French Commercial Code).

Are out-of-court procedures in Chaumont public?

No. Ad hoc mandate and conciliation are confidential; the appointing order is not published. Only the court approval (homologation) of a conciliation agreement is made public.

Can a Paris-based firm act before the Commercial Court of Chaumont?

Yes. There is no territorial restriction for advisory work and no postulation requirement before commercial courts. Lawyers of the firm attend hearings held before the Commercial Court of Chaumont and the Court of Appeal of Dijon.

Contact

Phone: +33 1 45 03 20 20
Email: accueil@macmahon-avocats.fr
Address: 33 avenue Mac-Mahon, 75017 Paris, France

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