Chapter IV: Focus

When examining the request for treatment of the over-indebtedness situation, the commission decides on the orientation of the case in a reasoned decision which indicates whether the debtor can benefit from the treatment measures provided for in the first paragraph of article L. 724-1 or whether he or she is in the situation defined in the second paragraph of the same article. This decision is brought to the attention of…

If at the end of the three-month period provided for in Article R. 712-15 the commission has not decided to refer the case, its secretariat will send the debtor, by simple letter, a document attesting to this and specifying the date from which the interest rate on the outstanding loans taken out by the debtor will be reduced to the legal interest rate, unless the commission or the judge decides…

A debtor whose situation becomes irremediably compromised during the execution of the treatment measures provided for in Articles L. 732-1, L. 733-1, L. 733-4 and L. 733-7 may refer the matter to the commission under the provisions of article L. 724-2 in order to benefit from a personal recovery without judicial liquidation or a personal recovery procedure with judicial liquidation by simple letter signed by him and delivered or addressed…

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. .