Chapter III: Measures imposed

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.

The debtor may refer the matter to the commission again with a view to re-examining his situation within three months of the end of the suspension of payment of claims provided for in 4° of Article L. 733-1. Referral to the commission is made in accordance with the procedures set out in articles R. 721-1 to R. 721-4. This option and the procedures by which the referral must be made…

The commission shall notify, by registered letter with acknowledgement of receipt, the debtor and the creditors of the measures it intends to impose pursuant to the provisions of Articles L. 733-1, L. 733-4 et L. 733-7. This letter also mentions the provisions of articles L. 733-8, L. 733-9 et L. 733-14. In the event that the provisions of 3° of Article L. 733-1 or Article L. 733-4 are applied, it…

The benefit of the measures imposed by the commission, pursuant to the provisions of article L. 733-4, may not be invoked more than two months after the debtor has been summoned to pay the amount of the outstanding portion of the property loans, unless the matter has been referred to the Commission by the debtor within this period. The summons to pay shall reproduce the provisions of this article.

If no objection is made within the period provided for in Article R. 733-6, the commission shall inform the debtor and the creditors by simple letter that the measures provided for in Articles L. 733-1, L. 733-4 and L. 733-7 shall apply. These measures shall apply on the date set by the commission, and failing that, no later than the last day of the month following the date of the…

When the commission receives a challenge to the measures provided for in articles L. 733-1, L. 733-4 and L. 733-7, its secretariat forwards it, together with the file, to the registry of the judicial court.