The suspension and prohibition mentioned in article L. 724-3 are acquired until the date of the decision of the commission imposing a personal recovery without judicial liquidation, until the judgement pronouncing a personal recovery without judicial liquidation or until the judgement opening a personal recovery procedure with judicial liquidation. This suspension and prohibition may not exceed two years.
The commission may also ask the judge to suspend eviction measures from the debtor’s home.
For the application of the provisions of articles L. 732-1, L. 733-1 or L. 733-4, the amount of repayments is set, under conditions specified by decree in the Conseil d’Etat, by reference to the percentage of salary that can be seized as set out in articles L. 3252-2 and L. 3252-3 of the Labour Code, so that the share of resources necessary for the household’s current expenses is reserved for…
The proportion of resources required for the household’s day-to-day expenses may not be less, for the household in question, than the flat-rate amount mentioned in article L. 262-2 du code de l’action sociale et des familles. It includes the cost of accommodation, electricity, gas, heating, water, food and schooling, childcare and business travel, as well as healthcare costs. The conditions under which these expenses are taken into account and assessed…
The proportion of resources required for the household’s current expenses is set by the commission and mentioned in the conventional recovery plan provided for in article L. 732-1 or in the measures provided for in articles L. 733-1 or L. 733-4.
If the examination of the request for treatment of the over-indebtedness situation reveals that the debtor is in the situation defined in the first paragraph of article L. 724-1 and that the debtor is the owner of a property, the commission shall endeavour to reconcile the parties with a view to drawing up a conventional recovery plan approved by the debtor and his main creditors.
The contractual plan may include measures to defer or reschedule debt payments, to forgive debts, to reduce or eliminate the interest rate, to consolidate, and to create or substitute collateral.The plan may make these measures conditional on the debtor performing acts to facilitate or guarantee payment of the debt. It may also make them conditional on the debtor refraining from acts that would aggravate his insolvency.
The plan sets out the arrangements for its implementation. Its total duration, including when it is revised or renewed, may not exceed seven years. The measures may, however, exceed this duration when they concern the repayment of loans taken out for the purchase of a property constituting the debtor’s principal residence, the sale of which they make it possible to avoid, or when they enable the debtor to repay all…
In the absence of a conciliation mission or in the event of its failure, the commission may, at the request of the debtor and after having given the parties the opportunity to provide their observations, impose all or some of the following measures: 1° Reschedule the payment of debts of any kind, including, where applicable, by deferring the payment of part of them, without the deferment or rescheduling period exceeding…
If, on expiry of the period of suspension of payment of claims, the debtor refers the matter to the commission again, the latter shall re-examine the situation. Depending on this, the commission may impose all or some of the measures provided for in Article L. 733-1 and Articles L. 733-4 and L. 733-7 with the exception of a new suspension. It may, where appropriate, impose a personal recovery without judicial…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
