At the orientation hearing, the enforcement judge, after hearing the parties present or represented, verifies that the conditions of articles L. 311-2, L. 311-4 and L. 311-6 have been met, rules on any disputes and incidental claims and determines how the proceedings are to be pursued, by authorising an out-of-court sale at the request of the debtor or ordering a forced sale.
When authorising an out-of-court sale, the judge ensures that it can be concluded under satisfactory conditions, taking into account the situation of the property, the economic conditions of the market and any diligence on the part of the debtor.