BOOK VI: Company difficulties.

The provisions of this Title shall apply to natural persons domiciled in the départements of Moselle, Bas-Rhin and Haut-Rhin, and to their estates, who are neither farmers nor persons exercising a commercial or craft activity or any other independent professional activity, including a liberal profession subject to a legislative or regulatory status, when they are in good faith and in a state of notorious insolvency. The provisions of Titles II…

This Title also applies to natural persons domiciled in the Moselle, Bas-Rhin and Haut-Rhin départements who have set up an appropriated asset in accordance with article L. 526-7 and whose agricultural, commercial, craft or self-employed activity is carried out exclusively with appropriation of assets. Unless otherwise provided, references made to the person, the debtor, the contract and the co-contractor mean, respectively: – the person as the holder of an unallocated…

The official receiver may order that the inventory of the assets of the persons referred to in Article L. 670-1.

In the event of a judicial liquidation, claims shall not be verified if it appears that the proceeds from the realisation of assets will be entirely absorbed by legal costs, unless otherwise decided by the official receiver.

At the close of the judicial liquidation operations, the court may, exceptionally, impose on the debtor a contribution intended to discharge the liabilities in the proportions it determines. To set the proportions of the contribution, the court will take into account the debtor’s ability to contribute, determined with regard to his incompressible resources and expenses. The court shall reduce the amount of the contribution if the contributor’s resources decrease or…

Other than the cases provided for in Article L. 643-11, creditors also recover their right to take individual legal action against the debtor where the court finds, of its own motion or at the request of the commissaire, that the contribution referred to in Article L. 670-4.

The judgment pronouncing the judicial liquidation is mentioned for a period of five years in the file provided for in article L. 751-1 of the Consumer Code.

The basis of assessment and liquidation of the tax on legal costs in matters of receivership or compulsory liquidation shall be provisionally regulated in accordance with the provisions of local laws.

The provisions of Article 1 of Law no. 75-1256 of 27 December 1975 relating to certain sales of immovable property in the departments of Haut-Rhin, Bas-Rhin and Moselle cease to apply to compulsory sales of immovable property included in the assets of a debtor who has been the subject of receivership proceedings opened after 1 January 1986.