Book VII: TREATMENT OF OVER-INDebtedness

The request for treatment of the over-indebtedness situation is brought before the competent commission, which may either propose or impose treatment measures under the conditions provided for in Title III, or impose personal recovery without judicial liquidation or refer the matter, with the debtor’s agreement, to the protection litigation judge for the purpose of opening personal recovery proceedings with judicial liquidation under the conditions provided for in Title IV.

Forfeiture of the benefit of the procedure for dealing with overindebtedness provided for in Article L. 761-1 is pronounced by the commission, by a decision subject to appeal, or by the protection litigation judge on the occasion of appeals lodged before him as well as in the context of the personal recovery procedure with judicial liquidation.

In each département, there is at least one individual over-indebtedness commission.The composition and operating procedures of the commissions are laid down by decree in the Conseil d’Etat.

The members of the commission, as well as any person who participates in its work or is called upon to deal with the overindebtedness situation, are required not to divulge to third parties any information of which they have become aware in the context of the procedure instituted by this book, on pain of the penalties provided for in article 226-13 of the Penal Code.

Notwithstanding any provision to the contrary, the Commission may obtain information from public administrations, credit institutions, finance companies, electronic money institutions, payment institutions, the bodies mentioned in 5 de l’article L. 511-6 du code monétaire et financier, from social security and provident institutions, as well as from services responsible for centralising banking risks and payment incidents, any information likely to provide it with accurate information on the debtor’s situation, possible…

Territorial authorities and social security bodies shall carry out social surveys at the request of the commission.

The debtor whose request for treatment of the over-indebtedness situation is declared admissible is heard by the commission at his request. The commission may also hear any person it deems useful.

At any time during the procedure, if the debtor’s situation so requires, the commission shall invite the debtor to apply for a social assistance or action measure, which may include a budget education programme, and in particular a personalised social support measure, under the conditions set out in the Book II of the Code of Social Action and Families. The Code of Social Action and Families – Book II: Different…