The judge hearing the dispute provided for in article L. 733-10 takes all or some of the measures defined in articles L. 733-1, L. 733-4 and L. 733-7. In all cases, the proportion of resources required for the household’s day-to-day expenses is determined in accordance with the conditions set out in article L. 731-2. It is mentioned in the decision. When ruling in application of article L. 733-10, the judge…
If the debtor’s situation so requires, the Protection Litigation Judge shall invite the debtor to apply for a social assistance or social action measure, which may include a budget education programme, in particular a personalised social support measure, under the conditions set out in Book II of the Social Action and Family Code.
The measures imposed pursuant to articles L. 733-1, L. 733-4 and L. 733-7 or those taken by the judge pursuant to Article L. 733-13 may not be invoked against creditors whose existence has not been reported by the debtor and who have not been notified of these measures by the commission.
Creditors on whom the measures imposed by the commission pursuant to articles L. 733-1, L. 733-4 and L. 733-7 or those taken by the judge pursuant to article L. 733-13 are enforceable may not take enforcement proceedings against the debtor’s assets while these measures are being enforced.
The cancellation of a claim pursuant to articles L. 733-9 or L. 733-13 of this Code shall be deemed to constitute regularisation of the payment incident within the meaning of Article L. 131-73 of the Monetary and Financial Code.
If the examination of the request for treatment of the overindebtedness situation reveals that the debtor is in the irremediably compromised situation defined in the second paragraph of article L. 724-1 and only owns assets mentioned in 1° of the same article L. 724-1, the commission shall impose a personal recovery without judicial liquidation.
In the absence of a challenge under the conditions set out in article L. 741-4, personal recovery without judicial liquidation entails the wiping out of all the debtor’s professional and non-professional debts as at the date of the commission’s decision, with the exception of the debts mentioned in articles L. 711-4 and L. 711-5 and debts the amount of which has been paid in place of the debtor by the…
Claims whose holders have not been notified of the decision imposed by the commission and have not contested this decision within the period set by decree mentioned in Article L. 741-4 are extinguished.
A party may challenge before the protection litigation judge, within a time limit set by decree, the personal recovery without judicial liquidation imposed by the commission.
Before ruling, the judge may publish a call for creditors. He may verify, even of his own motion, the validity of the claims and the documents evidencing them as well as the amount of the sums claimed and ensure that the debtor is indeed in the situation referred to in article L. 711-1. It may also prescribe any investigative measure it deems useful. Notwithstanding any provision to the contrary, the…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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