Chapter I: Preventing business difficulties, ad hoc mandates and conciliation procedures.

The request referred to in the third sentence of the first paragraph of Article L. 611-7 is accompanied by the following: 1° The request for notice sent to the participating creditors, which reproduces the provisions of the first paragraph of article L. 611-7 and I of Article L. 642-2 and on which each creditor has mentioned its opinion or, failing this, a document justifying the request for an opinion; 2°…

In application of article L. 611-6, the debtor may request that the conciliator be challenged if the conciliator is in one of the following situations:

The application for disqualification shall be made within fifteen days of notification of the decision appointing the conciliator, by a document delivered to the court registry or by a statement recorded by the court registrar in the minutes. It shall state the reasons on which it is based and, where appropriate, be accompanied by documents capable of substantiating it. It shall suspend the proceedings until a final decision has been…

The Registrar shall notify the conciliator of the challenge request by registered letter with acknowledgement of receipt. The letter of notification shall reproduce the second and third paragraphs of this article. Upon receipt of notification of the request, the conciliator shall abstain until a ruling has been made on the challenge. Within eight days of such receipt, he or she shall inform the president of the court in writing either…

If the conciliator acquiesces, he or she is replaced without delay.

If the conciliator opposes the challenge or fails to respond, the application shall be considered by the president of the court, the debtor and the conciliator heard or duly summoned. The order ruling on the application for challenge shall be notified by the registrar to the debtor. A copy of this decision shall also be delivered or sent to the conciliator.

If the challenge is accepted, the conciliator shall be replaced without delay.

The decision rejecting the application for recusal may be appealed by the debtor to the first president of the court of appeal within ten days of notification. The appeal shall be lodged by delivering or sending to the registry of the court of appeal a note setting out the reasons.

The registrar of the court of appeal summons the debtor and the conciliator by registered letter with acknowledgement of receipt sent at least fifteen days in advance. The note mentioned in the second paragraph of article R. 611-33 is attached to the summons sent to the conciliator. The first president or his delegate hears both parties. The decision is notified by the registrar to the debtor. The conciliator shall be…

The conciliator shall inform the president of the court without delay of any factor that could constitute grounds for recusal as well as any other ground that could justify the termination of his mission, of which he was unaware at the time of accepting his mission. .