How to Protect My Claim in Case of My Debtor’s Voluntary Insolvency in Morocco?

Introduction

When a debtor voluntarily declares insolvency in Morocco, it may feel like the end of the road for creditors. Fortunately, the Moroccan Commercial Code provides legal avenues to protect and secure claims—even in insolvency proceedings. At Legal Morocco, we guide individuals and companies through the strategic steps needed to recover their debts and minimize financial loss.

What Is Voluntary Insolvency in Morocco?

Voluntary insolvency occurs when a debtor—typically a company or trader—files for insolvency because they are unable to meet their financial obligations. This process is governed by Book V of the Moroccan Commercial Code, which includes legal procedures such as:

• Redressement judiciaire (judicial recovery)
• Liquidation judiciaire (judicial liquidation)

Filing is done by the debtor before the Commercial Court, and once the procedure is opened, creditors face specific legal limitations unless they act promptly and correctly.

Risks for Creditors

Once the court opens insolvency proceedings:

• Creditors cannot initiate or continue individual enforcement actions
• New interest stops accruing
• Payments made within a certain period before insolvency can be declared void (période suspecte)
• Assets are frozen and controlled by a court-appointed trustee (syndic)

This can result in major difficulties for unsecured creditors.

How to Protect Your Claim – Practical Legal Measures

1. Declare Your Claim Within the Legal Deadline

Once the insolvency judgment is published in the BO (Bulletin Officiel) and legal gazette, a 2-month period is opened for creditors to declare their claims.
Failing to do so results in the loss of your rights to be included in the repayment plan.

Legal Morocco assists clients in:

• Drafting the declaration of debt
• Filing it with the court-appointed trustee
• Providing supporting evidence to maximize chances of recognition

2. Monitor for the “Suspicious Period” (Période suspecte)

We investigate whether the debtor made fraudulent transfers or preferential payments during the months preceding the insolvency filing. If so, these may be reversed by the court, restoring value to the estate for equitable distribution.

3. Request Security Measures (Conservatory Seizures)

If your debtor is at risk of organizing insolvency to escape payment, you can:

• Initiate a conservatory seizure (saisie conservatoire) before they file
• Secure moveable or immovable property as a preventive step

These actions must be initiated before the court formally opens insolvency proceedings.

4. Check for Personal Guarantees or Co-debtors

If your debtor is a company, check:

• Whether the manager personally guaranteed the debt
• Whether there are affiliated companies or co-signatories

Legal Morocco can initiate parallel actions to recover debt outside the insolvency procedure, where allowed.

5. Join the Creditors’ Committee

In large insolvency proceedings, a creditors’ committee may be formed. Participating allows you to influence decisions such as:

• Debt restructuring
• Payment schedules
• Liquidation strategy

Why Choose Legal Morocco?

• ✅ Expertise in Moroccan insolvency & commercial law
• ✅ Fast response for urgent creditor claims
• ✅ Full legal representation before the Commercial Court
• ✅ Multilingual support (Arabic, French, English) for international clients