Article L722-1 of the French Consumer Code
November 7, 2023
The commission examines the debtor’s situation and decides whether the application is admissible.
The commission examines the debtor’s situation and decides whether the application is admissible.
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…
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.
The admissibility of the application results in the reinstatement of rights to personalised housing assistance and housing allowances. Personal housing assistance is released under the conditions set out in articles L. 824-3, L. 832-4 and L. 842-2 of the Code de la construction et de l’habitation.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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