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

The call to creditors provided for in Article L. 723-1, which the commission may have carried out in order to draw up the statement of liabilities, shall be published at the request of the commission secretariat in a newspaper carrying legal notices distributed in the department in which the commission has its registered office. The notice shall specify the period within which creditors must declare their claims by registered letter…

After being informed by the commission of the statement of liabilities declared by the debtor, the creditors have a period of thirty days in which to provide, in the event of disagreement with this statement, proof of their claims in principal, interest and incidentals.Failing this, the claim is taken into account by the commission solely on the basis of the information provided by the debtor.The creditors may be informed by…

When the commission establishes that the repayment of one or more of the principal debtor’s debts is guaranteed by a surety bond, it shall inform the surety of the initiation of the procedure, by registered letter with acknowledgement of receipt.Within thirty days, the surety may make known his observations in writing to the commission and justify the amount of the sums, if any, already paid in execution of his surety…

In the light of all the information produced by the parties, the commission draws up the statement of liabilities and notifies it to the debtor by registered letter with acknowledgement of receipt. The letter reproduces the provisions of articles L. 723-3 and R. 723-8 and states that the debtor’s objection must be made by declaration delivered or sent by registered letter with acknowledgement of receipt to the commission’s secretariat. It…