Chapter II: Amicable distribution

Where there is only one creditor meeting the conditions set out in article L. 331-1, that creditor shall send a request for payment of its claim by registered letter with acknowledgement of receipt to the escrow agent or the Caisse des dépôts et consignations within two months of publication of the title de vente. The request for payment must state the reasons on which it is based. If the distribution…

Where there are several creditors meeting the conditions of article L. 331-1, the pursuing party shall, within two months of publication of the sale document, notify a request for an updated statement of claims to the registered creditors and, if it is aware of them, to the creditors listed inarticle 2377 of the Civil Code. The updated statement of claims shall be submitted in the form of a lawyer’s opinion…

The pursuing party draws up a distribution plan. To this end, it may summon the creditors.

The draft distribution is drawn up and notified to the creditors mentioned in articles R. 332-2 and R. 331-4, to the debtor and, by registered letter with acknowledgement of receipt, to the managing agent who has lodged the objection provided for inarticle 20 of law no. 65-557 of 10 July 1965 establishing the status of co-ownership of built-up properties, within one month of the expiry of the period given to…

The notification shall state, on pain of nullity: 1° That a reasoned objection may be lodged with the pursuing party by way of a lawyer’s deed, accompanied by the necessary supporting documents; 2° That if no objection is lodged within fifteen days of receipt of the notification, the draft is deemed to have been accepted and that it will be submitted to the enforcement judge for approval.

If no objection or claim is lodged within fifteen days of receipt of the notification, the pursuing party or, failing this, any party to the proposed distribution shall apply to the court for its approval. On pain of inadmissibility, the application must be made within one month of the expiry of the previous time limit. The enforcement judge confers enforceability on the proposed distribution after verifying that all creditors who…

If the proposed distribution is contested, the petitioner summons the creditors involved in the proceedings and the debtor. The interested parties are brought together within a period of between fifteen days and one month following the first challenge.

If the creditors party to the proceedings and the debtor reach an agreement on the distribution of the price and, where Article R. 331-3, on the release of registrations and publications, a report is drawn up signed by the creditors and the debtor.

The notifications and summonses to which this chapter gives rise shall be made in accordance with the rules governing notifications between lawyers, except in the case of a debtor who has not constituted a lawyer.Article 652 of the Code of Civil Procedure is applicable.

The applications referred to in articles R. 332-6 and R. 332-8 must be accompanied by: 1° A mortgage statement dated after publication of the sale; 2° Proof of receipt of the proposed distribution; 3° The proposed distribution or the minutes of the agreement containing, where applicable, authorisation to release the registrations and to cancel the summons to pay in lieu of seizure; 4° The statements of registrations provided for in…