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

Article L721-1 of the French Consumer Code

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. .

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Article L721-2 of the French Consumer Code

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…

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Article L721-3 of the French Consumer Code

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…

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Article L721-7 of the French Consumer Code

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.

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Article L722-2 of the French Consumer Code

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.

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Article L722-3 of the French Consumer Code

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.

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