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Article R681-3 of the French Commercial code

The court shall assess in a single judgment whether the conditions for opening mentioned in 1° and 2° of article L. 681-1 are met, alternatively or cumulatively. When a case is referred to the territorially competent over-indebtedness commission under IV of article L. 681-2, the court registry sends a copy of the judgment and all the documents in the case file to the secretariat of this commission without delay. Where…

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Article R681-4 of the French Commercial code

The notice of the judgment referred to in article R. 611-43 and in the fifth paragraph of article R. 621-8 contains, in addition to the information provided for by these provisions, the name used for the exercise of the professional activity incorporating its name or customary name, immediately preceded or followed by the initials “EI” or “entrepreneur individuel” and an indication of the proceedings opened pursuant to II, III or…

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Article R681-6 of the French Commercial code

A creditor who is not a party to a judgment mentioned in article R. 681-5 may contest the separation of the assets of the sole trader by declaration to the court registry within a period of ten days from the notification made to him, or from the publication of the judgment in the Bulletin officiel des annonces civiles et commerciales. In the event of a dispute, the sole trader, known…

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Article R681-7 of the French Commercial code

Where IV of Article L. 681-2 has been applied, the court and the over-indebtedness commission shall provide each other with any information they deem useful for the performance of their duties, and in particular the decisions and measures they take as well as the documents in their files likely to shed light on the general financial situation of the sole trader concerned by the two procedures.

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Article R690-1 of the French Commercial code

Other than the documents mentioned in articles R. 621-1, R. 631-1 or R. 640-1, the following documents shall be attached to the application to open insolvency proceedings: 1° Any information enabling the location of the centre of main interests to be determined; 2° Any information relating to any transfers of registered office in the three months preceding the application to open; 3° Any information relating to transfers of assets in…

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Article R691-1 of the French Commercial code

If classes of creditors have been constituted, the official receiver shall collect, by any means, their opinions on the draft undertaking mentioned in Article L. 691-2. He informs the juge-commissaire of these notices without delay.

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Article R691-2 of the French Commercial code

The court is seised by petition of challenges raised or applications made pursuant to Article L. 691-3. The court rules on the application after hearing or duly calling in chambers the debtor who has not been divested, the court-appointed agent(s), the applicant creditors and obtaining the opinion of the public prosecutor. The judgment is notified to the debtor and the petitioning creditor by the court clerk, who sends a copy…

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Article R692-1 of the French Commercial code

Other than the documents mentioned in articles R. 621-1, R. 631-1 or R. 641-1, and in Article R. 690-1, the following documents, presented in French or accompanied by a translation into French, shall be attached to the application for the opening of secondary insolvency proceedings made by the debtor or the insolvency practitioner of the main insolvency proceedings: 1° A copy of the decision to open the main insolvency proceedings…

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