Article 806 — Claimants

1/ The actions referred to in this Chapter may only be brought before the court by the trustee in bankruptcy. 2/ Where the trustee in bankruptcy decides not to institute proceedings, a creditor, acting ut singuli on behalf of the estate, may institute such proceedings after having summoned the trustee in bankruptcy to do so and where such a summon is issued, no or a negative response within one month from the receipt. 3/ Where such action is successful, the expenses engaged by the creditor for purpose of the proceedings shall be borne by the estate. 4/ The claimant shall bear the burden of the proof.