TITLE VIII BIS: Special provisions for sole traders covered by the status defined in Section 3 of Chapter VI of Title II of Book V

I.-The application to open a business as referred to in Article L. 681-1 shall be submitted in accordance with the provisions of Titles II to IV of this Book, subject to the following provisions: 1° The cash flow situation, the quantified statement of receivables and debts, the statement of assets and liabilities for securities and off-balance sheet commitments and the summary inventory of the debtor’s assets required by 2° and…

The agreement of the debtor referred to in IV of Article L. 681-2 and in Article L. 681-3 may be obtained at the hearing during which the court examines the application to open proceedings under Titles II to IV of this book.

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…

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…

Decisions handed down pursuant to IV of article L. 681-2 and article L. 681-3 may be appealed by the parties within ten days of their notification.

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…

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.