poursuivi au titre des mesures de faillite personnelle

English translation: subject to involuntary personal bankruptcy

17:59 Feb 3, 2021

French to English translations [PRO]
Law/Patents - Law (general)

French term or phrase: poursuivi au titre des mesures de faillite personnelle

Court case where a company owes the Fisc lots of back taxes. And the director, M. AAA, has done a runner (gone to the USA and does not reply to LRAR or anything).

"(Annexe 7 :
Etat provisoire des créances)
Dont provisionnel :
000 000 €

INSUFFISANCE D'ACTIF :
0 000 000 €

Que Monsieur AAA peut être poursuivi au titre des mesures de faillite personnelle ou d'interdiction de gérer conformément à l'article L.653-1 du Code de commerce :"

"Sued for personal bankruptcy"? There is 1 hit for this on the InterOuèbbe. I also looked up "sued for bankruptcy on a personal basis" - nada. OTOH there are 135,000 hits for "sued for bankruptcy". And yet the phrase must make the fact of it being *personal* (as opposed to corporate) bankruptcy clear.

Also the whole au titre des mesures de faillite personnelle expression looks a bit suspect. Are these "steps" involved in declaring someone bankrupt maybe? Or are they simply "the procedure" for making someone bankrupt? Either way, how to convey that?

I also looked up article 653 (Légifrance English translation): in the version I saw there's lots about "personal disqualification", but nothing about bankruptcy.

Mpoma KudoZ activity Questions: 1026 (3 open) (91 closed without grading) Answers: 384 United Kingdom
Local time: 18:27

English translation:subject to involuntary personal bankruptcy

Explanation:
In the US, creditors can force a debtor into personal bankruptcy even if the debtor doesn't want to declare bankruptcy:
https://www.investopedia.com/terms/i/involuntary-bankruptcy....

In France, it seems that can be done, and there's also an option of subjecting the person to a prohibition against managing a company: https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI0000...

Selected response from:

Eliza Hall
United States
Local time: 13:27

Grading comment

Thanks
4 KudoZ points were awarded for this answer

Summary of answers provided

have bankruptcy proceedings against him

AllegroTrans

3 +1

subject to involuntary personal bankruptcy

Eliza Hall

4 -2

prosecuted under personal bankruptcy measures

Conor McAuley

2 -1

have steps taken against him (E&W: stat. demand) triggering an adjudication of personal insolvency

Adrian MM.

Discussion entries: 3

Answers

19 mins confidence:

peer agreement (net): +1

subject to involuntary personal bankruptcy

Eliza Hall
United States
Local time: 13:27
Specializes in field
Native speaker of: English
PRO pts in category: 145

Grading comment

Thanks

Notes to answerer

Asker: Thanks, that's really helpful actually. I'm not quite clear how you'd work <i>poursuivre</i> into that...? Just "... can be made subject to... "?

28 mins confidence:

peer agreement (net): -2

prosecuted under personal bankruptcy measures

Explanation:

Mistake by the lawyer with the article number I think:

"LEGISLATIVE PART

BOOK VI: DIFFICULTIES FACED BY BUSINESSES

TITLE V: LIABILITIES AND SANCTIONS

CHAPTER IV: CRIMINAL BANKRUPTCY AND OTHER OFFENCES

Section 1: Criminal bankruptcy

Article L. 654-1

The provisions of this section shall apply to:
1° All natural persons engaged in a retail activity or artisanal trade, any
farmer, and any natural person running an independent professional
activity, including an independent professional person with a statutory or
regulated status or whose designation is protected;
2° Persons who, directly or indirectly, de jure or de facto, have managed
or liquidated a private law entity;
3° Natural persons, who serve as permanent representatives of the
managing legal entities referred to under (2°) above."

(I came across it by mistake.)

--------------------------------------------------
Note added at 31 mins (2021-02-03 18:31:17 GMT)
--------------------------------------------------

"personal bankruptcy"

767,000 ghits

https://www.google.co.uk/search?ei=u-gaYLL8I4GclwSdwJjwBg&q=...

--------------------------------------------------
Note added at 1 hr (2021-02-03 19:14:46 GMT)
--------------------------------------------------

Well, not entirely by mistake, I was heading up towards 654!

Napoleon and lucky generals.

Conor McAuley
France
Local time: 19:27
Specializes in field
Native speaker of: English
PRO pts in category: 210

Notes to answerer

Asker: "I came across it by mistake". Just when I was preparing to "salute your indefatigability". In the English version of 654 I've just looked at it seems to be talking about "criminal bankruptcy". I just got the latest French version from Légifrance and, goddam, 654 has basically disappeared. Versioning! Bane of the 21st C.

3 hrs confidence:

peer agreement (net): -1

have steps taken against him (E&W: stat. demand) triggering an adjudication of personal insolvency

Explanation:
I agree the distinction is drawn in E&W between personal bankruptcy vs. corporate insolvency, bar US Chapter 11 etc. corporate bankruptcy etc., but there is a tendency these days to talk about (adjudication of) 'personal insolvency'.

North of the Border, bankruptcy is labelled 'sequestration'.

In E&W, the director could (pace the other contributors) be served with a pre-bankruptcy statutory demand often (mis-)used as a nuclear debt-collection option.

'Steps' leaves open suing in civil or prosecuted in criminal proceedings.

Coincidentally, such a debtor scenario is close to the one of the Canadian director 'pursued' (and successfully arrested before reaching the pro-debtor Delaware courts) across the US border by my chartered accountant-cum- insolvency practitioner English-qualifed schoolfriend out of Vancouver BC.

Example sentence(s):

Muir Hunter QC on Personal Insolvency is the definitive reference work on personal insolvency.
A guide to statutory demands in the context of personal and corporate insolvency.

Reference: http://uk.practicallaw.thomsonreuters.com/8-527-2789?transit...
Reference: http://iate.europa.eu/search/standard/result/1612386300452/1

Adrian MM.
Austria
Specializes in field
Native speaker of:

English
PRO pts in category: 359

5 hrs confidence:

have bankruptcy proceedings against him

Explanation:
If your target audience is GB or Rireland, "personal" is inherent in the translation. Only in the US can bankruptcy also be against companies. But adding "personal" would do no harm.

Talking of statutory demands and adjudications imo is far too GB slanted in my opinion

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Note added at 5 hrs (2021-02-03 23:50:44 GMT)
--------------------------------------------------

As Eliza says, we don't have a neat way of expressing "poursuivi" (at least not for civil proceedings) in one word, as in French. "Issued against him" would cover this. "Prosecuted" doesn't work as it implies criminality.

Whilst Eliza's suggestion certainly is not "wrong" a debtor doesn't suddenly become "subject" to bankruptcy unless either 1) a creditor (E&W) files a bankruptcy petition and the debtor does not pay the debt, resulting in a bankruptcy order, or 2) the debtor files his/her own petiton, effectively declaring himself/herself bankrupt

AllegroTrans
United Kingdom
Local time: 18:27
Specializes in field
Native speaker of:

English
PRO pts in category: 1355

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poursuivi au titre des mesures de faillite personnelle

English translation: subject to involuntary personal bankruptcy

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