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REDRESSEMENT JUDICIAIRE

English translation: in receivership or administration

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12:53 Sep 10, 2001
French to English translations [Non-PRO]
Law/Patents
French term or phrase: REDRESSEMENT JUDICIAIRE
a legal incident of a business
JabTrad
United Kingdom
Local time: 14:21
English translation:in receivership or administration
Explanation:
After having worked for an RPB (a recognised professional body) dealing with complaints about members for alleged breaches of the disciplinary code, insolvency practitioners were regular fodder. Understandably many of those concerned, particularly directors, were often unpleased with what the appointed receiver, administrator, liquidator was able to achieve, sometimes with good reason, although not always. I picked up a lot of vocab. Depending on your specific context, one of the above suggestions should come close to what you are looking for. There are differences so watch out for detail!

Compare these definitions – original source, one FR, the other EN – see for yourself.

Redressement judiciaire : « le redressement judiciaire est applicable à tout commerçant, à tout artisan, et à toute personne morale de droit privé, en état de cessation de paiment. Il peut aboutir soit à la continuation de l’entreprise, soit à sa cessation, soit à sa liquidation. (Source : DALLOZ)

Receivership/administration :

http://www.insolvency.co.uk/legal/termseng.htm

ADMINISTRATION ORDER : (1) An administration order is a court order placing a company that is, or is likely to become, insolvent under the control of an administrator following a petition by the company, its directors or a creditor. The purpose of the order is to preserve the company's business and assets to allow a reorganisation or ensure the most advantageous realisation of its assets whilst protecting it from action by its creditors.
(2) The administration of the insolvent estate of a deceased debtor.
(3) County court process permitting an individual with modest debts to pay off instalments. No insolvency practitioner is involved.
RECEIVERSHIP : The general term applied when a person is a appointed as a receiver or administrative receiver over certain assets.
RECEIVER : The person appointed by the court for some specific purpose or the person appointed by a mortgage to exercise his rights over the charges property under the Law of Property Act 1925 (not to be confused with the Official Receiver or Administrative Receiver.
OFFICIAL RECEIVER (OR) : The civil servant employed by the DTI to head the regional offices whose responsibilities cover bankruptcies and compulsory liquidations.
ADMINISTRATIVE RECEIVERSHIP : The term applied when an insolvency practitioner is appointed as an administrative receiver.
ADMINISTRATIVE RECEIVER : The person appointed by the holder of a floating charge debenture over a company's assets to collect in and realise the assets of that company and to repay the indebtedness to the debenture holder.
COURT-APPOINTED RECEIVER : A person, not necessarily a licensed insolvency practitioner, appointed to take charge of assets usually where they are subject to some legal dispute. Not strictly an insolvency process, the procedure may be used other than for a limited company, e.g. to settle a partnership dispute


Selected response from:

Nikki Scott-Despaigne
Local time: 15:21
Grading comment
That's the one, thanks.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +1in receivership or administration
Nikki Scott-Despaigne
5 +1under court administration
VBaby
5judicial adjustmentMarcus Malabad
5 -2legal redress
lcmolinari


  

Answers


9 mins   confidence: Answerer confidence 5/5 peer agreement (net): -2
legal redress


Explanation:
None needed


    Reference: http://www.termium.com
lcmolinari
Canada
Local time: 09:21
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 64

Peer comments on this answer (and responses from the answerer)
disagree  Nikki Scott-Despaigne: No
1 hr

disagree  mckinnc: No, it means when a firm can't meet it's debts & seeks protection from the courts as Nikki says below
12 hrs
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10 mins   confidence: Answerer confidence 5/5
judicial adjustment


Explanation:
from link below:

C.Judicial Adjustment:

Motion:If the review determines that the order meets the criteria for adjustment, the Support Agency will file either an Order to Show Cause or a Notice of Motion to effect the modification.
Service:Personal or Mail. Note: Family Code section 215 service of post-judgment motions on attorney of record is not sufficient.
Income:Income and Expense Declaration and supporting documentation to verify the parents' income.
Retroactivity:The order is retroactive only to the date of service; Family Code section 4009 and 42 USC 666(A)(9).
Order:An order is usually required and taking a matter off-calendar does meet expedited standards.





    Reference: http://userzweb.lightspeed.net/champion/r&a.htm
Marcus Malabad
Canada
Local time: 15:21
Native speaker of: Native in EnglishEnglish, Native in TagalogTagalog
PRO pts in pair: 390

Peer comments on this answer (and responses from the answerer)
agree  Genevieve Tournebize
37 mins

disagree  mckinnc: not the same idea
12 hrs
Login to enter a peer comment (or grade)

13 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
under court administration


Explanation:
Equivalent of a company placed under administration in the UK


    Reference: http://globalarchive.ft.com/globalarchive/article.html?id=01...
    Reference: http://www.liberation.fr/quotidien/semaine/20010908sama.html
VBaby
Local time: 14:21
Native speaker of: Native in FrenchFrench
PRO pts in pair: 401

Peer comments on this answer (and responses from the answerer)
agree  Nikki Scott-Despaigne: One of two possibilities... see below
2 hrs
Login to enter a peer comment (or grade)

2 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
in receivership or administration


Explanation:
After having worked for an RPB (a recognised professional body) dealing with complaints about members for alleged breaches of the disciplinary code, insolvency practitioners were regular fodder. Understandably many of those concerned, particularly directors, were often unpleased with what the appointed receiver, administrator, liquidator was able to achieve, sometimes with good reason, although not always. I picked up a lot of vocab. Depending on your specific context, one of the above suggestions should come close to what you are looking for. There are differences so watch out for detail!

Compare these definitions – original source, one FR, the other EN – see for yourself.

Redressement judiciaire : « le redressement judiciaire est applicable à tout commerçant, à tout artisan, et à toute personne morale de droit privé, en état de cessation de paiment. Il peut aboutir soit à la continuation de l’entreprise, soit à sa cessation, soit à sa liquidation. (Source : DALLOZ)

Receivership/administration :

http://www.insolvency.co.uk/legal/termseng.htm

ADMINISTRATION ORDER : (1) An administration order is a court order placing a company that is, or is likely to become, insolvent under the control of an administrator following a petition by the company, its directors or a creditor. The purpose of the order is to preserve the company's business and assets to allow a reorganisation or ensure the most advantageous realisation of its assets whilst protecting it from action by its creditors.
(2) The administration of the insolvent estate of a deceased debtor.
(3) County court process permitting an individual with modest debts to pay off instalments. No insolvency practitioner is involved.
RECEIVERSHIP : The general term applied when a person is a appointed as a receiver or administrative receiver over certain assets.
RECEIVER : The person appointed by the court for some specific purpose or the person appointed by a mortgage to exercise his rights over the charges property under the Law of Property Act 1925 (not to be confused with the Official Receiver or Administrative Receiver.
OFFICIAL RECEIVER (OR) : The civil servant employed by the DTI to head the regional offices whose responsibilities cover bankruptcies and compulsory liquidations.
ADMINISTRATIVE RECEIVERSHIP : The term applied when an insolvency practitioner is appointed as an administrative receiver.
ADMINISTRATIVE RECEIVER : The person appointed by the holder of a floating charge debenture over a company's assets to collect in and realise the assets of that company and to repay the indebtedness to the debenture holder.
COURT-APPOINTED RECEIVER : A person, not necessarily a licensed insolvency practitioner, appointed to take charge of assets usually where they are subject to some legal dispute. Not strictly an insolvency process, the procedure may be used other than for a limited company, e.g. to settle a partnership dispute





    Reference: http://www.insolvency.co.uk/legal/termseng.htm
    Lexique de termes juridiques, DALLOZ
Nikki Scott-Despaigne
Local time: 15:21
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4431
Grading comment
That's the one, thanks.

Peer comments on this answer (and responses from the answerer)
agree  mckinnc: receivership, definitely
10 hrs
Login to enter a peer comment (or grade)




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