Subsection 2: Suspension of eviction orders

As soon as the decision on the admissibility of the application to deal with the situation of over-indebtedness has been made, the commission may refer the matter to the protection litigation judge for the purpose of suspending measures for eviction from the debtor’s home.

In urgent cases, the matter may be referred to the judge on the initiative of the chairman of the commission, the commission’s delegate, the local representative of the Banque de France or the debtor.The commission shall be informed of any such referral.

If the debtor’s situation so requires, the judge shall order the provisional suspension of measures to evict him from his dwelling, with the exception of those based on a judgment of auction handed down in relation to the seizure of property and those ordered on the basis of the third paragraph of article 2198 of the Civil Code.

This suspension is acquired, for a maximum period of two years and, depending on the case, until approval of the conventional recovery plan provided for in Article L. 732-1, until the decision imposing the measures provided for in articles L. 733-1, L. 733-4, L. 733-7 and L. 741-1, until the judgment pronouncing a personal recovery without judicial liquidation or until the judgment opening a personal recovery procedure with judicial liquidation.