If, after the opening of the proceedings, it appears that the debtor was already in cessation of payments at the time of the judgment, the court shall note this and set the date of cessation of payments under the conditions provided for in Article L. 631-8. It converts the safeguard proceedings into judicial recovery proceedings. If necessary, it may modify the remaining observation period or extend it by a maximum of six months. For the purpose of carrying out the appraisal of the debtor’s assets in the light of the inventory drawn up during the safeguard proceedings, it shall appoint, in consideration of their respective powers as they result from the provisions applicable to them, a judicial auctioneer, a bailiff, a notary or a sworn goods broker.
The matter is referred to the court by the debtor, the administrator, the judicial representative or the public prosecutor. It makes its decision after hearing or duly summoning the debtor.