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  3. Law: Contract(s)

la société XX a déclaré entre les mains de Maître XX une cr

English translation: Company XX filed an unsecured claim for ___ with Mr. _____,

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:la société XX a déclaré entre les mains de Maître XX une cr
English translation:Company XX filed an unsecured claim for ___ with Mr. _____,
Entered by: XXXphxxx (X)

13:35 Oct 23, 2007
French to English translations [PRO]
Law/Patents - Law: Contract(s)
French term or phrase: la société XX a déclaré entre les mains de Maître XX une cr
Are they declaring a debt VIA Maitre xx??

Thanks for any suggestions.
XXXphxxx (X)
United Kingdom
Local time: 09:33
Company XX filed an unsecured claim in an amount of ___ with Mr. _____, Esq.
Explanation:
There's really not enough context here to determine what the best answer is, but I'll try. There are two alternatives:
First alternative: Company XX filed an unsecured claim in an amount of ___ with Mr. _____, Esq.
A "créance à titre chirographaire" is an unsecured debt or claim. In this context, it's clearly a claim-- money that is owed to Company XX. From the limited context, it sounds rather like a proof of claim in a bankruptcy proceeding, with Maître XX being the French equivalent of the bankruptcy trustee. (In France, the proof of claim is filed with the trustee, not with the court).
Second alternative: Company XX reported an unsecured claim in an amount of ___ to Mr. _____, a notary...
It may be that the reference is simply to a record filed with a notary, in which amounts owed to Company XX are listed.
But more context is clearly needed-- the knowledge that this is from a license application agreement is not sufficient.

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Note added at 1 day20 hrs (2007-10-25 10:00:30 GMT) Post-grading
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You're welcome, Simpson.
Selected response from:

Attorney DC Bar
Local time: 10:33
Grading comment
Thanks very much for your excellent answer to a difficult question - for me at least :)
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +2Company XX filed an unsecured claim in an amount of ___ with Mr. _____, Esq.
Attorney DC Bar


Discussion entries: 3





  

Answers


1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
Company XX filed an unsecured claim in an amount of ___ with Mr. _____, Esq.


Explanation:
There's really not enough context here to determine what the best answer is, but I'll try. There are two alternatives:
First alternative: Company XX filed an unsecured claim in an amount of ___ with Mr. _____, Esq.
A "créance à titre chirographaire" is an unsecured debt or claim. In this context, it's clearly a claim-- money that is owed to Company XX. From the limited context, it sounds rather like a proof of claim in a bankruptcy proceeding, with Maître XX being the French equivalent of the bankruptcy trustee. (In France, the proof of claim is filed with the trustee, not with the court).
Second alternative: Company XX reported an unsecured claim in an amount of ___ to Mr. _____, a notary...
It may be that the reference is simply to a record filed with a notary, in which amounts owed to Company XX are listed.
But more context is clearly needed-- the knowledge that this is from a license application agreement is not sufficient.

--------------------------------------------------
Note added at 1 day20 hrs (2007-10-25 10:00:30 GMT) Post-grading
--------------------------------------------------

You're welcome, Simpson.


    Reference: http://www.moranlaw.net/glossary.htm
    Reference: http://ca10.washburnlaw.edu/cases/1998/06/97-4137.htm
Attorney DC Bar
Local time: 10:33
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 169
Grading comment
Thanks very much for your excellent answer to a difficult question - for me at least :)
Notes to answerer
Asker: Thank you! :)) Maitre X is introduced in the previous paragraph as the 'mandataire judiciare'. This step was taken as part of a 'procedure de sauvegarde' so (apologies for all the As and Bs, Xs and Ys): - Le ?? ??? 2007, le Tribunal de Commerce de ??a ouvert une procédure de sauvegarde à l’encontre de la Société A. Maître X a été désigné en qualité d’Administrateur judiciaire avec une simple mission de surveillance et Maître Y en qualité de Mandataire judiciaire. 3 - Par courrier du ?? ???2007, reçu le ?? ???? 2007, la société B a déclaré entre les mains de Maître Y une créance à titre chirographaire d’un montant de ???? euros se décomposant ainsi :

Asker: Thank you!


Peer comments on this answer (and responses from the answerer)
agree  BusterK: I'll go for the bankruptcy trustee, although I am not sure what it is in UK proceedings. In France you have a representative for all creditors (the person here) and a person in charge of the overall liquidation process.
9 mins
  -> Yes, looks right, especially in light of the additional details provided above by Asker. The 'procedure de sauvegarde' in France is modeled on Chapter 11 reorganization in the US. Here, Company XX is clearly filing its claim with the bankruptcy trustee.
agree  AllegroTrans: Buster, in UK trusteee in bankruptcy (or liquidator in the case of a company) is the representative of the creditors, effectively
7 hrs
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