Subsection 1: Suspension and prohibition of enforcement proceedings and assignment of remuneration

The letter notifying the admissibility decision states that its effect is to suspend and prohibit enforcement proceedings against the debtor’s assets as well as assignments of remuneration that the debtor has agreed to and relating to debts other than maintenance debts. It specifies that the suspension or prohibition takes effect, depending on the case, until approval of the conventional recovery plan provided for in article L. 732-1, until the decision…

The commission or the clerk’s office of the judicial court, as the case may be, shall notify the admissibility decision by registered letter with acknowledgement of receipt, or delivered against receipt, to the enforcement agents and, where applicable, to the chief clerk of the judicial court in charge of the procedure for attachment of remuneration or assignment of remuneration, who shall inform the garnishee or assignee of the decision.

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. 722-4, the provisions of articles R. 721-7 and R. 721-8 are applicable.

The judge seised by the debtor pursuant to the second paragraph of Article L. 722-5 decides by order.