The commission takes into account the knowledge that each of the creditors may have had of the debtor’s debt situation when the various contracts were concluded. It may also check that the contract was entered into with the seriousness required by professional practice.
Subject to article L. 711-4, tax debts may be rescheduled or forgiven in full or in part under the same conditions as other debts.
The commission may require that the measures provided for in articles L. 733-1 and L. 733-4 be subject to the debtor performing acts to facilitate or guarantee payment of the debt.
When the debtor has already benefited from a personal recovery measure provided for in 1° and 2° of article L. 724-1 and the debtor refers the matter back to the commission, the latter may, if it considers that the debtor’s situation is once again irremediably compromised and on the advice of a member of the commission with experience in the field of social and family economics, require the debt write-off…
In the absence of a challenge made by one of the parties pursuant to article L. 733-10, the measures mentioned in articles L. 733-1, L. 733-4 and L. 733-7 are binding on the parties, with the exception of creditors whose existence has not been reported by the debtor and who have not been notified of these measures by the commission.
A party may challenge the measures imposed by the commission pursuant to articles L. 733-1, L. 733-4 or L. 733-7.
When the measures provided for in articles L. 733-4 and L. 733-7 are combined with all or part of those provided for in article L. 733-1, the judge hearing the dispute shall rule on all the measures under the conditions set out in Article L. 733-13.
Before giving judgment, the judge may, at the request of a party, make a provisional order for the execution of one or more of the measures mentioned in Article L. 733-11. He may cause a call for creditors to be published. He may verify, even of his own motion, the validity of the claims and the documents evidencing them as well as the amount of the sums claimed and ensure…
The judge hearing the dispute provided for in article L. 733-10 takes all or some of the measures defined in articles L. 733-1, L. 733-4 and L. 733-7. In all cases, the proportion of resources required for the household’s day-to-day expenses is determined in accordance with the conditions set out in article L. 731-2. It is mentioned in the decision. When ruling in application of article L. 733-10, the judge…
If the debtor’s situation so requires, the Protection Litigation Judge shall invite the debtor to apply for a social assistance or social action measure, which may include a budget education programme, in particular a personalised social support measure, under the conditions set out in Book II of the Social Action and Family Code.
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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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