Book VII: TREATMENT OF OVER-INDebtedness

The sale by auction of a property is subject to the provisions of Titles I and II of Book III of the code des procédures civiles d’exécution, with the exception of sub-sections 2 and 4 of section 1 and sections 2 and 3 of chapter II of title II, insofar as they are not derogated from by the provisions of this sub-paragraph. In the départements of Bas-Rhin, Haut-Rhin and Moselle,…

The protection litigation judge, at the request of the liquidator, shall determine the price to be paid for the property to be sold, the essential conditions of the sale and the visiting arrangements. At the request of the liquidator or one of the parties, the judge may adjust, restrict or complete the measures for publicising the sale under the conditions set out in Articles R. 322-37 and R. 322-38 of…

A copy of the judgment shall be sent to the liquidator by the registry by simple letter.

The judgment produces the effects of the order provided for in article R. 321-1 of the code des procédures civiles d’exécution. It is published, at the liquidator’s request, at the land registry of the place where the assets are located, in accordance with the conditions set out for the aforementioned summons.

When real estate seizure proceedings, suspended by the effect of the opening judgment, are resumed by the liquidator, the protection litigation judge, at the liquidator’s request, shall set or modify, if necessary, the upset price, the essential conditions of the sale, the terms of inspection and shall rule, at the request of the liquidator or one of the parties, on the measures to publicise the sale under the conditions of…

Within fifteen days of the publication of the judgment made pursuant to Article R. 742-28 or, where applicable, a reference to the judgment issued pursuant to article R. 742-31 alongside the copy of the summons published at the land registry office, the liquidator shall appoint a bailiff to draw up a description of the premises offered for sale under the conditions set out in articles R. 322-1, R. 322-2 and…

Within two months of the publication of the judgment made pursuant to Article R. 742-28 or the mention of the judgment made pursuant to Article R. 742-31 in the margin of the copy of the summons published at the service responsible for land registration, the liquidator shall draw up a schedule of conditions of sale and file it at the registry of the judge responsible for seizures of property of…

No later than the fifth working day following the filing of the conditions of sale, the liquidator notifies the parties of the date of the auction hearing by bailiff’s deed. The date is set, at the liquidator’s discretion, within a period of between two and four months following the date of the notice.

In the event of a challenge made pursuant to the provisions of article R. 742-34, the parties are summoned to a hearing by the registry of the judge responsible for property seizures, pursuant to the provisions of the third paragraph of article R. 124-7 of the code of civil enforcement procedures.

Subject to the modification of the conditions for advertising the sale provided for by the judgment delivered pursuant to the provisions of article R. 742-28 or article R. 742-31, the forced sale is announced under the conditions provided for by the provisions of articles R. 322-31 to R. 322-36 of the code of civil enforcement procedures.