The court shall set the date of cessation of payments after seeking the debtor’s observations. If this date is not determined, the cessation of payments is deemed to have occurred on the date of the judgment opening the proceedings.
It may be postponed one or more times, but may not be more than eighteen months prior to the date of the judgment opening the proceedings. Except in cases of fraud, it may not be postponed to a date prior to the final decision approving an out-of-court settlement pursuant to II of article L. 611-8. The initiation of proceedings referred to in Article L. 628-1 shall not prevent the application of these provisions.
The matter is referred to the court by the administrator, the judicial representative or the public prosecutor. It shall rule after hearing or duly summoning the debtor.
The application to change the date must be submitted to the court within one year of the judgment opening the proceedings.
Where Article L. 621-12 has been applied, the opening judgment referred to in the first and second paragraphs is that of the safeguard proceedings and the starting point of the period referred to in the fourth paragraph is the day of the judgment converting the safeguard proceedings.