Reorganisation proceedings open to any debtor referred to in Articles L. 631-2 or L. 631-3 who, unable to meet the liabilities due with his available assets, is in suspension of payments, are instituted. A debtor who establishes that the credit reserves or moratoria from which he benefits from his creditors enable him to meet the liabilities due with his available assets is not in cessation of payments.
This condition is assessed, where applicable, solely for the assets committed by the professional activity or activities.
The judicial reorganisation procedure is intended to enable the business to continue operating, maintain employment and pay off the liabilities. It gives rise to a plan adopted by judgment at the end of an observation period and, where applicable, to the constitution of classes of affected parties, in accordance with the provisions of articles L. 626-29 and L. 626-30. The application provided for in the fourth paragraph of Article L. 626-29 may be made by the debtor or the court-appointed administrator.