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

The decision is notified to the debtor and the creditors by registered letter with acknowledgement of receipt. This letter indicates that the decision may be appealed, within fifteen days of its notification, by declaration delivered or sent by registered letter with acknowledgement of receipt to the secretariat of the commission. The letter specifies that the statement must state the full name and address of the person lodging the appeal, the…

If the commission grants the debtor’s request, the letter referred to in Article R. 724-4 states that its decision entails the suspension and prohibition of enforcement proceedings against the debtor’s assets as well as assignments of remuneration that he has agreed to and that relate to debts other than maintenance debts.

The suspension of eviction measures from the debtor’s home shall be applied for by the commission to the protection litigation judge and dealt with under the conditions set out in articles R. 722-7 and R. 722-8.

If the commission imposes personal recovery without judicial liquidation, the provisions of article R. 741-1 are applicable. If the commission decides to refer the matter to the judge for the purposes of opening a personal recovery procedure with judicial liquidation, the provisions of article R. 742-3 shall apply.

If the commission does not grant the debtor’s request, it will inform the debtor that the conventional plan or the measures imposed are continuing. .