In 2024, 67,830 French companies entered insolvency proceedings — a record high. If you do business with French companies (as a supplier, customer, or lender), the odds of being affected have never been higher.

The problem for foreign creditors is twofold: you often don't know a French partner is insolvent until months after the fact, and by then, the deadline to file your claim may have passed.

This guide explains exactly what happens, what your rights are, and — critically — how to make sure you never miss a deadline.

⚠️ Key fact French insolvency law distinguishes between French and foreign creditors. Foreign creditors (companies with registered offices outside mainland France) typically have 4 months to file their claim, versus 2 months for French creditors. But the clock starts from BODACC publication — a French-language register most foreign companies don't monitor.

1. What happens when a French company goes insolvent

French insolvency law provides for several types of proceedings, depending on the severity of the situation:

ProcedureTriggerOutcomeImpact on creditors
Sauvegarde
(Safeguard)
Financial difficulty but not yet insolvent Restructuring plan, business continues Claims frozen, partial recovery via plan
Redressement judiciaire
(Judicial reorganisation)
State of cessation of payments Restructuring plan or conversion to liquidation Claims frozen, possible partial recovery
Liquidation judiciaire
(Judicial liquidation)
Insolvency, no viable rescue Company dissolved, assets sold Claims paid from proceeds, often cents on the euro

In all three cases, the court publishes the opening judgment in the BODACC (Bulletin Officiel des Annonces Civiles et Commerciales) — France's official legal gazette for commercial announcements. This publication triggers your deadline.

The two actors you need to know

Both are appointed by the court and their contact details are published in the BODACC notice.

2. Your deadlines as a foreign creditor (2 to 4 months)

🚨 Critical These deadlines are absolute. Missing them means your debt is legally extinguished — not just delayed, but permanently unenforceable (Art. L.622-26 French Commercial Code). There are virtually no exceptions.
Creditor typeStandard deadlineNotes
French creditors (mainland) 2 months from BODACC publication Standard rule
Foreign creditors (EU, EEA) 4 months from BODACC publication Registered office outside mainland France
Foreign creditors (non-EU) 4 months from BODACC publication Same extended deadline applies
Creditors notified individually 2 months from individual notification If the court administrator notifies you directly

The extended 4-month deadline for foreign creditors was established to account for the fact that foreign companies may not have immediate access to the French BODACC publication. However — and this is critical — the 4 months still runs from BODACC publication, not from when you actually find out.

In practice, most foreign creditors learn of a French partner's insolvency through an invoice that stops being paid. By that point, several weeks or months may already have elapsed.

3. How do you find out? The BODACC problem

The BODACC publishes every insolvency opening in France within 15 days of the court judgment. In 2024, that meant approximately 67,830 publications — roughly 260 new entries on every business day.

The BODACC is published entirely in French, on the website bodacc.fr. It does offer a free alert service — but it operates on keyword search (you enter a company name and receive alerts when that exact string appears). This creates several problems:

The result: most foreign creditors only discover a French insolvency when their invoice goes unpaid and they start chasing. By then, weeks or months of their deadline have already elapsed.

4. How to file your proof of claim (déclaration de créances)

Once you've identified the insolvency and confirmed you're within the deadline, here's what you need to do:

Step 1: Identify the court administrator

The BODACC notice includes the name and address of the appointed administrator (administrateur judiciaire) or liquidator (mandataire liquidateur). This is the person you need to file with.

Step 2: Prepare your documentation

Your proof of claim must include:

Step 3: File by the deadline

Claims can be filed:

No specific form is required, but the filing must clearly identify the creditor, the debtor, and the amount owed. Keep a copy of everything with proof of receipt.

Step 4: Await verification

The administrator will verify each claim. You may receive a request for additional documentation. If your claim is disputed, there may be a hearing before the commercial court. This process can take months to years in complex proceedings.

✅ Practical tip For significant claims (€10,000+), consider engaging a French lawyer (avocat) who specialises in insolvency to file on your behalf. The cost is typically a few hundred euros and dramatically reduces the risk of a filing error that could invalidate your claim.

5. What can you realistically recover?

French insolvency proceedings distribute assets in a strict priority order. As an unsecured trade creditor (fournisseur), you are typically in the lowest priority class:

Priority classWho it coversRecovery rate
Super-priority (post-insolvency claims)New financing, court costs, administrator feesNear 100%
Secured creditorsMortgage holders, pledge holdersUp to 100% of collateral value
Privileged creditorsEmployees (wages), tax authorities (some claims)60–90%
Unsecured creditorsTrade creditors, suppliersOften 0–15%

The harsh reality is that in most French liquidation proceedings, unsecured trade creditors recover very little — often nothing. The value of filing your claim is twofold:

  1. You preserve your right to recovery in the unlikely event there are sufficient assets.
  2. You may recover something in a reorganisation plan (redressement judiciaire), where creditors sometimes receive a structured payment over several years.

Not filing your claim is always worse than filing it. The 4-month deadline costs nothing to meet — but missing it permanently destroys any chance of recovery.

6. Prevention: monitoring your French partners

The best strategy is early detection. The BODACC publishes insolvency proceedings before the company has typically stopped paying — often within days or weeks of the court judgment. Early detection gives you maximum time to:

Monitoring options

OptionCoverageEffortCost
BODACC.fr free alertsManual keyword per companyHigh (French only, one by one)Free
Coface / Euler HermesFull commercial risk monitoringLow€500–5,000/mo
BODACC Creditor AlertsAutomatic SIREN-matched watchlistVery low (upload CSV, receive emails)€29–99/mo

For companies with 10–200 French business partners, the manual approach is impractical, and enterprise credit monitoring services are priced for very large companies. BODACC Creditor Alerts was built specifically for this gap.