The Claim for Eviction Compensation

Application pratique:

This decision confirms that the tenant's claim for eviction compensation arises from the notice to quit served before the insolvency proceedings opened. The tenant must therefore file a proof of claim (déclaration de créance) with the judicial administrator (mandataire judiciaire) within two months of the publication of the opening judgment in the BODACC. The tenant should submit the notice, the lease, and evidence of business loss to support the claim. Failing to file on time may result in the claim being barred.

Application pratique:

The landlord (acting through its judicial administrator) can rely on this decision to argue that the tenant's claim originates from the pre-insolvency notice and is subject to the mandatory declaration deadline. If the tenant filed late, the claim may be time-barred unless the tenant can prove they were unaware of the publication in the BODACC. The administrator should verify the exact publication date and reject any late claims, as the insolvency court will apply the rules strictly.

Application pratique:

Under this decision, claims from tenants who received pre-insolvency notices must be declared in the insolvency proceedings, even if the landlord offered compensation. The judicial administrator should set deadlines for all such claims and review each proof of claim against the notice date. For the post-insolvency notice, the claim is not subject to declaration but may be an ongoing liability of the estate, requiring different treatment. The administrator should maintain a register of all eviction claims and advise tenants accordingly.