Chapter VI: Safeguard plan.

The request made by the debtor pursuant to article L. 626-26 or by the plan execution commissioner shall be made by petition. The court clerk convenes, by registered letter with acknowledgement of receipt, the debtor, the auditors, the representatives of the staff delegation of the social and economic committee who are designated in accordance with Article R. 621-2. The court clerk notifies the public prosecutor and the administrator in charge…

A copy of the judgment amending the plan is sent by the registrar to the persons mentioned in 3° of article R. 621-7. The judgment is subject to the publicity provided for in article R. 621-8.

In a report addressed to the president of the court and the public prosecutor, the plan execution commissioner points out any non-performance of the plan on the part of the debtor or any other person. The report sets out the debtor’s observations and possibly proposes solutions that would be likely to allow the plan to be implemented. The plan execution commissioner reports on his mission to the president of the…

To carry out the mission provided for in the first paragraph of I of Article L. 626-27, the plan execution commissioner shall refer the matter to the president of the court for the purpose of obtaining a writ of execution, if he does not have one. The president shall rule by order.

In application of I of Article L. 626-27, the matter shall be referred to the court for resolution of the plan by petition or, where applicable, in the form and according to the procedure provided for in Article R. 631-4. It rules under the conditions of Article L. 626-9, the commissioner for the implementation of the plan being heard or duly called and presenting his report in place of that…

For the application of III of Article L. 626-27, the administrator responsible for the execution of the plan shall send the court registrar the list of claims admitted to the plan, deducting, for each of them, the sums already collected. The Registrar shall enter this list on the statement of claims for the new proceedings. Under the same conditions, the claims entered on the list mentioned in Article R. 622-15…

When a case is referred to it pursuant to article L. 626-28, the court shall rule on the basis of a report drawn up by the commissaire à l’exécution du plan. The court’s decision is communicated to the public prosecutor. At the debtor’s initiative, decisions relating to the proceedings are struck from the registers in which they were entered.

Within two months of the completion of his assignment, the plan execution commissioner files an end-of-assignment report under the conditions of Articles R. 626-39 and R. 626-40. Article R. 626-41 is applicable.