Article R742-7 of the French Consumer Code
November 7, 2023
The cost of the economic and social assessment of the debtor’s situation, set by this order, is advanced by the State as legal costs.
The cost of the economic and social assessment of the debtor’s situation, set by this order, is advanced by the State as legal costs.
The operative part of the opening judgment shall indicate the address to which the declaration of claims must be submitted and the time limit within which this declaration must be made. It notes, where appropriate of its own motion, that claims previously made before the protection litigation judge and concerning the same debtor have lost their object. It recalls the provisions of article L. 742-7.
Without prejudice to the notification of the opening judgment to the parties, a notice of this judgment is sent, for publication in the Bulletin officiel des annonces civiles et commerciales, by the agent or, in the absence of an agent, by the registry. This publication shall be carried out in the same way as provided for in article R. 741-13. It is made within fifteen days of receipt of the…
The judge to whom the debtor applies for authorisation to dispose of his assets pursuant to the provisions of article L. 742-9 decides by ordinance.
Within two months of the publication of the opening judgment made under the conditions provided for in article R. 742-9, creditors shall declare their claims to the mandatary or, in the absence of a mandatary, to the clerk of the judicial court, by registered letter with acknowledgement of receipt. .
The declaration of claims shall include the amount in principal, interest, incidentals and costs of the claim on the day it is declared, the origin of the claim, the nature of any lien or security attached to it.The declaration shall also mention any enforcement proceedings in progress.
Failing a declaration within the period mentioned in article R. 742-11, creditors may apply to the juge des contentieux de la protection for relief from foreclosure within a period of six months from the publication of the opening judgment made under the conditions provided for in Article R. 742-9. The referral letter shall include the information provided for in Article R. 742-12.
Where the claims have been declared in the hands of the trustee, the trustee shall, within six months of the publication of the opening judgment, draw up the debtor’s economic and social balance sheet. This balance sheet includes a statement of claims and, where applicable, a proposed plan including the measures mentioned in articles L. 733-1, L. 733-4 et L. 733-7. It is sent to the debtor and the creditors…
When the claims have been declared to the registry of the judicial court, the registry shall draw up a statement of the claims thus declared. It shall notify this statement to the debtor and the creditors and at the same time send them the summons to attend for a ruling to be made in accordance with the procedures set out in Article R. 742-17.
The debtor and the creditors shall send to the court registry, by registered letter with acknowledgement of receipt, fifteen days before the hearing, any disputes relating to the statement of claims to which they have been sent.
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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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