BOOK VI: Company difficulties.

When it appears that the debtor does not meet the conditions required to benefit from the professional recovery procedure, the court rejects the debtor’s application and rules on the application to open judicial liquidation proceedings.

The judgment ruling on the request to open the professional recovery procedure is notified by the registrar to the debtor by registered letter with acknowledgement of receipt to the debtor within eight days of its pronouncement. The notification letter includes the provisions of the first paragraph of article L. 645-9 and articles L. 645-11 and L. 645-12. The judgment is communicated to the persons mentioned in article R. 621-7 and,…

I.-The court clerk shall attach to the copy of the judgment referred to in Article R. 645-4 a document reproducing the terms of II of this article, as well as: 1° Those of articles L. 645-4, L. 812-2, L. 814-5, L. 814-10, R. 814-24 and R. 814-38, if the mandataire judiciaire is a person chosen on the basis of the first paragraph of II of Article L. 812-2; 2° Those…

The president of the court has the power to replace a judge who is unable to act or who has ceased to hold office. The decision by which the replacement is made is a measure of judicial administration.

For the application of the first paragraph of Article L. 645-6, the procedure is that provided for in Article R. 611-35 and the judge assigned exercises the powers attributed by this text to the president of the court.

The acts necessary for the conservation of the debtor’s rights and the preservation of his assets are the subject of a report submitted to the judge assigned, a copy of which is sent to the Public Prosecutor’s Office by the judicial representative or by the person chosen on the basis of the first paragraph of II or III of Article L. 812-2.

The quantified statement of receivables and debts mentioned in 5° of Article R. 631-1 may be completed by the debtor within fifteen days of the judgment opening the professional recovery procedure. The debtor shall immediately bring these changes to the attention of the judicial representative or the person chosen on the basis of the first paragraph of II or III of article L. 812-2.

For the application of Article L. 645-8, the judicial representative or the person chosen on the basis of the first paragraph of II or III of article L. 812-2 informs known creditors by simple letter of the opening of the professional recovery procedure. This letter reproduces the provisions of articles L. 645-8, L. 645-11 and R. 645-19 and includes as an annex a copy of the inventory of the debtor’s…

The judicial representative or the person chosen on the basis of the first paragraph of II or III of article L. 812-2 informs, by registered letter with acknowledgement of receipt, of the opening of the professional recovery procedure, the guarantors and the persons who are co-obligated or who have granted a personal surety or who have assigned an asset as a guarantee, the existence of which has been brought to…

At any time during the investigation, the judicial representative or the person chosen on the basis of the first paragraph of II or III of article L. 812-2 who encounters a difficulty, may request by simple letter that the assigned judge set a time limit for responding to requests for information made pursuant to Article L. 645-5.