Backdating of the date of insolvency and effects of conciliation

The matter

Defence of the directors of a company in compulsory liquidation, the French subsidiary of a Belgian manufacturer of washing machines and ironing tables for the hotel and catering industry sold throughout the world, in an application to backdate the date of insolvency (the inability to meet debts as they fall due). The work, conducted with the support of the shareholder’s insurer, was assisted by the recognition given by the Court of Cassation to the protection attaching to conciliation and to its consequences.