If only the conditions set out in 2° of article L. 681-1 are met, the court declares that there are no grounds for initiating proceedings under Titles II to IV of this book and refers the case, with the debtor’s agreement, to the over-indebtedness commission. Book VII of the Consumer Code and the sixth paragraph of Article L. 526-22 of this Code are then applicable.
If the over-indebtedness commission finds during the proceedings that the conditions are met, it invites the debtor to request the opening of proceedings under Titles II to IV of this Book. The court initiating these proceedings shall inform the Commission de surendettement, which shall be relieved of jurisdiction, unless the conditions set out in IV of article L. 681-2 are met. In the latter case, the court and the over-indebtedness commission keep each other informed of the progress of each of the proceedings opened. The provisions of this paragraph relating to the Commission de surendettement are also applicable to the juge des contentieux de la protection.