The call to creditors provided for in Article L. 741-8 shall be published by the clerk of the judicial court in the manner provided for in article R. 723-2. Failing agreement between the parties, the Protection Litigation Judge will designate, by order, the party or parties who will bear the costs.
The judgment by which the judge, seised pursuant to the provisions of article L. 733-10, pronounces personal recovery without judicial liquidation is subject to appeal.
Without prejudice to the notification to the parties of the judgment pronouncing a personal recovery without judicial liquidation, a notice thereof shall be sent for publication in the Bulletin officiel des annonces civiles et commerciales by the court registry. This publication is carried out in accordance with the same procedures as those set out in article R. 741-13.
The court clerk’s office carries out publicity measures to allow creditors who have not been notified to lodge third-party objections to the judgment pronouncing a personal recovery without judicial liquidation. Creditors have two months in which to lodge third-party objections.
The agreement of the debtor referred to in Article L. 742-1 is given in writing on a form given to the interested party by the commission secretariat. This form informs the debtor that the personal recovery procedure is likely to result in a liquidation decision and brings to his attention the provisions of article L. 742-14 à L. 742-19.
In the cases provided for in Article L. 742-2 and in article L. 741-6, the debtor’s agreement may be given verbally. This is noted by the court clerk’s office.
The commission shall inform the parties of the referral to the judge for the purpose of opening the personal recovery procedure with judicial liquidation.
The debtor and the creditors are summoned to the hearing to open the personal recovery procedure with judicial liquidation by registered letter with acknowledgement of receipt, accompanied by a simple letter to the debtor, at least one month before the date of the hearing.If he deems it necessary, the judge may invite to attend the hearing the service in charge of a social aid or social action measure mentioned by…
The list provided for in article L. 742-4 is drawn up by the public prosecutor.
The agent is remunerated in accordance with a tariff set by order of the Minister of Justice.Where there is a realisable asset, the agent’s remuneration, determined in accordance with the order provided for in the first paragraph, is deducted from the proceeds of the sale of that asset.In the event that the proceeds of the sale are insufficient, the payment of this remuneration may be made payable by the debtor…
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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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