Chapter II: Personal recovery procedure with compulsory liquidation

The agreement of the debtor referred to in Article L. 742-1 is given in writing on a form given to the interested party by the commission secretariat. This form informs the debtor that the personal recovery procedure is likely to result in a liquidation decision and brings to his attention the provisions of article L. 742-14 à L. 742-19.

In the cases provided for in Article L. 742-2 and in article L. 741-6, the debtor’s agreement may be given verbally. This is noted by the court clerk’s office.

The commission shall inform the parties of the referral to the judge for the purpose of opening the personal recovery procedure with judicial liquidation.

The debtor and the creditors are summoned to the hearing to open the personal recovery procedure with judicial liquidation by registered letter with acknowledgement of receipt, accompanied by a simple letter to the debtor, at least one month before the date of the hearing.If he deems it necessary, the judge may invite to attend the hearing the service in charge of a social aid or social action measure mentioned by…

The list provided for in article L. 742-4 is drawn up by the public prosecutor.

The agent is remunerated in accordance with a tariff set by order of the Minister of Justice.Where there is a realisable asset, the agent’s remuneration, determined in accordance with the order provided for in the first paragraph, is deducted from the proceeds of the sale of that asset.In the event that the proceeds of the sale are insufficient, the payment of this remuneration may be made payable by the debtor…

The cost of the economic and social assessment of the debtor’s situation, set by this order, is advanced by the State as legal costs.

The operative part of the opening judgment shall indicate the address to which the declaration of claims must be submitted and the time limit within which this declaration must be made. It notes, where appropriate of its own motion, that claims previously made before the protection litigation judge and concerning the same debtor have lost their object. It recalls the provisions of article L. 742-7.

Without prejudice to the notification of the opening judgment to the parties, a notice of this judgment is sent, for publication in the Bulletin officiel des annonces civiles et commerciales, by the agent or, in the absence of an agent, by the registry. This publication shall be carried out in the same way as provided for in article R. 741-13. It is made within fifteen days of receipt of the…

The judge to whom the debtor applies for authorisation to dispose of his assets pursuant to the provisions of article L. 742-9 decides by ordinance.