US EditionThe Creditor Does Not Have Standing to Apply for the Designation of a Provisional Administrator of His Debtor
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Cass. com., 7 May 2025, No. 23-20.471 For the Court of Cassation, the creditor of a company was not entitled to act as an interim director of the company. 1. The facts Two foreign companies, The Family Fellowship LLP and The Family Global Godfathers SPC, claimed to be creditors of the French company Thelema. They alleged that the latter was instrumentalized by its leader, Mr. [U], to conceal fraudulent acts. By invoking the risks of abnormal ope…
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