Title II: EXAMINATION OF THE REQUEST FOR TREATMENT OF OVERBELT SITUATION

The debtor submits a request to the Commission de surendettement des particuliers (Private Individuals’ Overindebtedness Commission) for the treatment of his overindebtedness situation, in which he declares the assets and liabilities of his assets. .

The commission referred to by the debtor has a period of time determined by decree, from the time the application is submitted to examine the admissibility of the application by verifying that the debtor is in the situation defined in article L. 711-1, notify the applicant of the decision that the case is inadmissible or notify the applicant, the creditors, the payment institutions, the electronic money institutions and the credit…

Information relating to the filing of an over-indebtedness application and the debtor’s situation may not be communicated to creditors, payment institutions, electronic money institutions and credit institutions that hold the debtor’s deposit accounts, prior to the decision on the admissibility of the application, subject to the penalties provided for in Article 226-13 of the Criminal Code. These provisions do not, however, preclude the application of the rules set out in…

An application by the debtor made pursuant to the first paragraph of Article L. 733-1 interrupts the limitation period and the time limits for bringing proceedings.

When it is pronounced, the suspension referred to in article L. 721-4 applies under the same conditions and in accordance with the same procedures as those laid down by the provisions of articles L. 722-2 à L. 722-5.

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.