This site uses cookies. Some of these cookies are essential to the operation of the site, while others help to improve your experience by providing insights into how the site is being used. For more information, please see the ProZ.com privacy policy.
Cookie settings
Beurrage
cuisine généreuse

Glossary entry

French term or phrase:

cité en faillite

English translation:

has insolvency proceedings brought against it

Added to glossary by AllegroTrans
May 3, 2022 12:44
2 yrs ago
50 viewers *
French term

cité en faillite

French to English Law/Patents Law (general) Contract
The is for a Belgian contract. I understand that these are some form of pre-bankruptcy / insolvency proceedings. I need a term that works well internationally. Le client here would usually be a company. Thanks.

"La compagnie a le droit de mettre fin à tout contrat lorsque le client: demande ou obtient un concordat judiciaire ou; demande la faillite, est cité en faillite ou est déclaré...."

For more context: L’ONSS reprend les citations en faillite : le point sur l’endettement institutionnel
https://www.mosal.be/categories/points-de-droit-11532/articl...
Proposed translations (English)
4 +6 has insolvency proceedings taken against it
4 taken to court for bankruptcy
3 serve/d with an insolvency notice or petition
Change log

May 9, 2022 09:54: AllegroTrans changed "Edited KOG entry" from "<a href="/profile/113773">Julie Barber's</a> old entry - "cité en faillite"" to ""has insolvency proceedings taken against it""

Discussion

AllegroTrans May 9, 2022:
6:1 with 2 neutralisers With 6 English-speaking translators who all have "legal" in their profiles
Conor McAuley May 9, 2022:
Also -- although it doesn't really so much matter in such subject areas -- I find your wording inelegant.
Conor McAuley May 9, 2022:
Well, you know we're going to have to agree to disagree again.

Belgium has made its language preferences known via the EU, as my reference clearly demonstrates.
And Joe Bloggs is busy recently with my questions, and he says that bankruptcy is the more understandable term of the two, for what it's worth.
AllegroTrans May 9, 2022:
Internationally the term "insolvency" (defined as the inability to pay debts when due) covers both personal bankruptcy and company insolvency. Whilst I agree the text seems to be referring to proceedings in Belgium I don't think it's appropriate use the US umbrella term "bankruptcy" rather than the internationally-comprehnsible "insolvency". I'm out.
Conor McAuley May 9, 2022:
Once again, I find myself in "sour grapes" territory, but, at the risk of repeating myself, unless the contract is governed by some kind of international law not provided in the context, well... it's not an international solution.
It's not a cover-all solution, because the words bankruptcy and insolvency are interchangeable in an international context, as I have clearly demonstrated!

You have vinegar, not wine, put it that way. Or at least a vin de table.
AllegroTrans May 4, 2022:
FHS Bridge Good though he is, tends to provide translations for a European audience and in language to be expected in UK/IRL. After all, his glossary is a Council of Europe publication. It's sometimes a good idea to think his translations into "country-neutral" mode.
Adrian MM. May 4, 2022:
Bridge's compulsory liquidation @ Conor What Bridge might be getting at with compulsory liquidation [note the entry, immediately below it, of assignation en déclaration de faillite: presentation of a bankruptcy petition] is the BrE / IrE creditors' presentation of a petition for a compulsory winding-up order on the ground(s) of *insolvency* - rather than because it is 'just & equitable' (e.g. directors' blazing row or turning the business into a den of inquity) vs. the company's own voluntary petition. https://windinguppetitionsolicitors.co.uk/winding-up-procedu...

Note also Bridge's translation of commencement of bankruptcy for 'ouverture de faillite' when this might well, internationally, be called 'adjudication of bankruptcy' or 'making of a winding-up or insolvency order'.
Conor McAuley May 3, 2022:
bankruptcy/insolvency In the end, and further to the below (the Cornell reference), I suggest using

"bankruptcy/insolvency"


But only an international bankruptcy/insolvency lawyer will be able to give you a 100% answer...unless the governing law is Belgian law, which it probably is, and in which case you need to have a look at this:

https://e-justice.europa.eu/110/EN/bankruptcy_and_insolvency...

"Bankruptcy and insolvency registers
Belgium"

This is the term that Belgium itself uses, via the EU.


Oh yeah, that other reference:

insolvency | Wex | US Law | LII / Legal Information Institutehttps://www.law.cornell.edu › Wex
Generally speaking, ***insolvency*** refers to situations where a debtor cannot pay the debts she owes. For instance, a troubled ***company*** may become insolvent when ...
Conor McAuley May 3, 2022:
No mention of insolvency... Here (Bridge):

https://books.google.fr/books?id=rQAKtn-XjzIC&pg=PA127&lpg=P...

Bridge prefers "compulsory liquidation" for a company.


Here (Merriam-Webster):

https://www.merriam-webster.com/dictionary/bankrupt

"Bankrupt: 1 a : a debtor (such as an ***individual or an organization***) whose property is subject to voluntary or involuntary administration under the bankruptcy laws for the benefit of the debtor's creditors"


And, in a hilarious twist, the OED's definition 2 of "insolvent" is "relating to bankruptcy".


I merely present you with the facts.



Proposed translations

+6
54 mins
Selected

has insolvency proceedings taken against it

I think this is the best way to express the notion
"Sued for insolvency" would sound tackey


Can a write-off of a debt owed by an associated company be ...
https://uk.practicallaw.thomsonreuters.com › ...
18 Feb 2014 — ... either party or if either party has insolvency proceedings taken against it, could this arrangement be vulnerable to challenge under any ...

Peer comment(s):
agree writeaway : oeuf corse
6 mins
thanks
agree philgoddard
2 hrs
thanks
agree Daryo
5 hrs
thanks
agree Mpoma : yup, Bridge corroborates.
9 hrs
thanks
agree Paul Stevens
20 hrs
thanks
agree SafeTex : yes but don't we BRING proceedings rather than "take"?
1 day 4 hrs
"brought against it" is valid, thanks
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks for your help, this fitted well"
2 hrs
French term (edited): citer / cité en faillite

serve/d with an insolvency notice or petition

(IrE-only) served with a bankrupty summons.

-> demande la faillite : petitions for bankruptcy; E&W > presents an insolvency petition.

Next step in E&W: the making of an insolvency (bankruptcy) adjudication order.

Note: Statutory Demands in E&W are, a debt collection device, served pre-bankruptcy petition.

The advantage of the term of insolvency is that is it both personal - cut to the my old and late friend, Muir Hunter QC's standard textbook, paradoxically, on Personal Insovency - and corporate, whereas - cue the late and great Derek G F's exposition in the second weblink - bankruptcy is predominantly personal in E&W.

However, Company Winding-up Pettitions are heard in the Bankruptcy Court of the London High Court.

Everyone 'oeuf corse' will know that, in the US of A, Chapter 11 bankruptcy is used for corporations and that bankruptcy is called 'sequestration' in Scotland.

Example sentence:

The legal presumption that the bankruptcy notice has been served by email when it is transmitted or sent by the person sending is rebuttable.

dagvaarding in faillissement English translation: bankruptcy petition; E+W pre-insolvency statutory demand

Reference:

http://www.proz.com/kudoz/dutch-to-english/law-general/7015445-dagvaarding-in-faillissement.html

http://www.proz.com/kudoz/german-to-english/finance-general/3576770-insolvenz-et-al.html

Note from asker:
Thanks Adrian
Peer comment(s):
neutral AllegroTrans : You are assuming that E&W is the international standard for insolvency terms; ever heard of "country-neutral" terminology, which is what Julie has asked for here? Try to stretch your mind beyond Blighty just for once
1 hr
I tried loking for a non-clumsy way of translating & I did quote bankruptcy summons. NB the 1st BE weblink: 'The difference between a dagvaarding (summons/citation) & a verzoekschrift (petition) is that the former is addressed to the other party' : notice
Something went wrong...
1 hr

taken to court for bankruptcy

FHS Bridge, Legal Dictionary

citer en justice: bring to court (more commonly "taken to court", nowadays, I think, Bridge is a bit dated)

Plain English, really, international too, I'm fairly sure.


"LA compagnie" should be followed by "est citée", I think.



--------------------------------------------------
Note added at 1 hr (2022-05-03 13:47:56 GMT)
--------------------------------------------------

Here's that Bridge reference:

https://books.google.fr/books?id=rQAKtn-XjzIC&pg=PA35&lpg=PA...


Obviously "taken to court", with inverted commas, of course, gets about 12.7 million internet search matches.

--------------------------------------------------
Note added at 1 hr (2022-05-03 13:49:11 GMT)
--------------------------------------------------

And "faillite" > "bankruptcy":

https://www.wordreference.com/fren/faillite


--------------------------------------------------
Note added at 1 hr (2022-05-03 13:50:35 GMT)
--------------------------------------------------

Correction:

It's actually "le client" that is "cité", not "la Compagnie", so that's correct.

--------------------------------------------------
Note added at 10 hrs (2022-05-03 23:00:53 GMT)
--------------------------------------------------

Use:

bankruptcy/insolvency

See Discussion entries.
Note from asker:
Thanks Conor
Peer comment(s):
neutral writeaway : this is a Bridge too far. not in court yet....
4 mins
I see taking someone to court as a process, not as a "state", so to speak.
neutral AllegroTrans : "bankruptcy" doesn't work internationally for a company (e.g. OK for USA but not for GB/IRL, where it only applies to individuals); asker says "client" would usually be a company
28 mins
See Discussion entry.
Something went wrong...
Close search
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search