For the application of the provisions of articles L. 732-1, L. 733-1 and L. 733-4, the proportion of the debtor’s monthly resources to be used to pay off his debts is calculated in accordance with the conditions set out in articles L. 731-1, L. 731-2 and L. 731-3, by reference to the scale provided for in article R. 3252-2 of the French Labour Code. However, this sum may not exceed…
The portion of resources reserved by priority for the debtor is determined with regard to all current household expenses, which include the expenses mentioned in article L. 731-2.
The amount of the household’s current expenses is assessed by the commission, either for their actual amount on the basis of items declared by the debtor, or according to the scale set by its rules of procedure and taking into account the composition of the family. The rules of procedure specify the conditions and procedures under which expenses are taken into account for their actual amount or according to the…
The conventional reorganisation plan states that it is automatically null and void fifteen days after an unsuccessful formal notice sent to the debtor to perform its obligations, without prejudice to the exercise of the options provided for in Articles L. 721-1, L. 721-4, L. 721-6, L. 721-7, L. 722-3, L. 722-4 and L. 722-6.
The proposed conventional recovery plan drawn up by the commission is notified to the creditors by registered letter with acknowledgement of receipt. Creditors have 30 days in which to reject the proposal.
When the commission finds that it is impossible to obtain the agreement of the interested parties on a conventional plan, it notifies the debtor by registered letter with acknowledgement of receipt and the creditors by simple letter. These letters shall state that the debtor may, within fifteen days of the notification referred to in the first paragraph, refer the matter to the commission for the purpose of having the measures…
The debtor’s request shall be made by a declaration signed by him and delivered or sent by ordinary letter to the secretariat of the commission, where it shall be registered.
The commission notifies the creditors of the request by registered letter with acknowledgement of receipt, informing them that they have a period of fifteen days in which to submit their observations.
When, pursuant to the provisions of article L. 732-4, the commission finds that the debtor’s situation, without being irretrievably compromised, does not allow for the repayment of all debts and that, as a result, its conciliation mission appears manifestly doomed to failure, it informs the debtor and the creditors by registered letter with acknowledgement of receipt.
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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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