Any application to open proceedings under Titles II to IV of this Book or over-indebtedness proceedings under Book VII of the Consumer Code in respect of a sole trader covered by the status defined in Section 3 of Chapter VI of Title II of Book V of this Code shall be brought before the court with jurisdiction to hear proceedings under Titles II to IV of this Book.
Subject to the rules specific to professional recovery, the court hearing such an application shall assess both:
1° Whether the conditions for opening proceedings under Titles II to IV of this Book have been met, based on the situation of the business assets of the sole trader;
2° Whether the conditions set out in Article L. 711-1 of the Consumer Code are met, on the basis of the assets of the personal assets and all the debts due or to fall due whose recovery may be pursued against these assets.