Debts appearing in the debtor’s statement of indebtedness drawn up by the commission may not produce interest or generate late payment penalties from the date of admissibility and until the implementation of the measures provided for in 1° and 2° of Article L. 724-1 and to articles L. 732-1, L. 733-1, L. 733-4 and L. 733-7.
Creditors shall inform the persons they have instructed to take recovery action of the admissibility of the claim and its consequences as provided for in articles L. 722-2 and L. 722-3.
When a social cohesion protocol provided for in articles L. 353-15-2 and L. 442-6-5 of the Construction and Housing Code was entered into with the landlord prior to the admissibility decision, payment of the rent arrears provided for in the said protocol is suspended until the measures provided for in 1° and 2° of Article L. 724-1 or to articles L. 732-1, L. 733-1, L. 733-4 and L. 733-7. Where…
After examining the admissibility of the request for treatment of the over-indebtedness situation, the commission draws up a statement of the debtor’s liabilities. To this end, it may publish a call for creditors.
The commission informs the debtor of the statement of liabilities it has drawn up.
The debtor may, within a period set by decree, contest the statement of liabilities drawn up by the commission and ask the commission to refer the matter to the protection litigation judge, with a view to verifying the validity of the claims, the documents evidencing them and the amount of the sums claimed. The Commission is obliged to grant this request.
Even in the absence of a request from the debtor, the commission may, in the event of difficulties, refer the matter to the protection litigation judge for the purpose of verifying the validity of the claims, the documents evidencing them and the amount of the sums claimed.
When it emerges from the examination of the request for treatment of the overindebtedness situation that the debtor’s resources or realisable assets allow it, the commission prescribes treatment measures under the conditions provided for in Articles L. 732-1, L. 733-1, L. 733-4 and L. 733-7. When the debtor is in an irremediably compromised situation characterised by the manifest impossibility of implementing the treatment measures mentioned in the first paragraph, the…
If, during the execution of the processing measures provided for in Articles L. 732-1, L. 733-1, L. 733-4 and L. 733-7, it appears that the debtor’s situation has become irretrievably compromised under the conditions set out in the second paragraph of Article L. 724-1, the debtor may refer the matter to the commission in order to benefit from a personal recovery procedure with or without judicial liquidation.
In the case mentioned in article L. 724-2, after noting the debtor’s good faith, the commission imposes a personal recovery without judicial liquidation or refers the matter to the protection litigation judge for the purpose of opening a personal recovery procedure with judicial liquidation. This decision or referral suspends and prohibits enforcement proceedings against the debtor’s assets as well as assignments of remuneration granted by the debtor and relating to…
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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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