When it emerges from the examination of the request for treatment of the overindebtedness situation that the debtor’s resources or realisable assets allow it, the commission prescribes treatment measures under the conditions provided for in Articles L. 732-1, L. 733-1, L. 733-4 and L. 733-7.
When the debtor is in an irremediably compromised situation characterised by the manifest impossibility of implementing the treatment measures mentioned in the first paragraph, the commission may, under the conditions of this book:
1° Either impose a personal recovery without judicial liquidation if it finds that the debtor owns only furnishable assets necessary for everyday life and non-professional assets essential to the exercise of his professional activity, or that the assets consist only of assets that have no market value or whose sale costs would be manifestly disproportionate to their market value ;
2° Or, if it finds that the debtor is not in the situation referred to in 1°, with the debtor’s agreement, refer the matter to the protection litigation judge for the purpose of opening a personal recovery procedure with judicial liquidation.