Subsection 1: Suspension and prohibition of enforcement proceedings and assignment of remuneration

The admissibility of the application entails the suspension and prohibition of enforcement proceedings brought against the debtor’s assets as well as assignments of remuneration granted by the debtor and relating to debts other than maintenance debts.

Proceedings and assignments of remuneration shall be suspended or prohibited, 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.

In the event of a property seizure, where a compulsory sale has been ordered, the auction date may only be postponed by a decision of the judge responsible for the property seizure, referred for this purpose by the commission, for serious and duly justified reasons.

The suspension and prohibition of enforcement proceedings brought against the debtor’s assets entails a prohibition on the debtor doing any act that would aggravate his insolvency, paying, in whole or in part, a claim other than a maintenance claim, including the overdrafts referred to in 10° and 11° of Article L. 311-1, arising prior to the suspension or prohibition, to pay guarantors who would pay debts arising prior to the…