Title II: EXAMINATION OF THE REQUEST FOR TREATMENT OF OVERBELT SITUATION

The debtor sends or submits the request for treatment of his overindebtedness situation to the secretariat of the commission.

The debtor’s application must mention any enforcement proceedings in progress against his assets and any assignments of earnings he has made to his creditors. They must also state whether they are being evicted from their home.If they are receiving social assistance or action, they must give the name and contact details of the service responsible for this measure.

A certificate of filing of the file is given to the debtor or sent to him by ordinary letter. This certificate shall mention the date on which the file was lodged. Pursuant to the provisions of article L. 721-2, it states that the commission has a period of three months to examine the admissibility of the claim, notify it, investigate the case and decide on its orientation from the date…

The letter by which the commission refers the matter to the judge pursuant to the first paragraph of article L. 721-4 indicates the surnames, first names and address of the debtor as well as those of the pursuing creditors or, in the case of legal entities, their name and registered office. Attached to this letter are a statement of the debtor’s income, a list of his assets and liabilities and…

The order suspending one or more enforcement proceedings or assignments of remuneration shall be notified by the clerk’s office of the judicial court by registered letter with acknowledgement of receipt, or delivered against receipt, to the pursuing creditors and enforcement agents or to the chief clerk of the judicial court in charge of the proceedings for attachment of remuneration or assignment of remuneration, who shall inform the garnishee or assignee….

In the event of a property seizure, where the forced sale of a debtor’s property has been ordered and the commission refers the matter to the judge responsible for the property seizure for the purpose of postponing the auction date pursuant to the provisions of Article L. 721-7 or those of article L. 722-4, it shall send the request by registered letter with acknowledgement of receipt or by hand-delivery with…

The judgment ruling on the postponement of the auction date is notified by registered letter with acknowledgement of receipt by the registry of the judge in charge of the property seizure to the debtor as well as to the pursuing creditor and the registered creditors. The commission is notified by simple letter.The notification indicates that this judgement is not subject to appeal or opposition.