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Section 2: Challenging the commission's decision to impose a personal recovery plan without compulsory liquidation

Article L741-5 of the French Consumer Code

Before ruling, the judge may publish a call for creditors. He may verify, even of his own motion, the validity of the claims and the documents evidencing them as well as the amount of the sums claimed and ensure that the debtor is indeed in the situation referred to in article L. 711-1. It may also prescribe any investigative measure it deems useful. Notwithstanding any provision to the contrary, the…

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Article L741-6 of the French Consumer Code

If the judge finds that the debtor is in the situation referred to in 1° of article L. 724-1, the judge shall order a personal recovery without judicial liquidation, which shall have the same effects as those mentioned in Article L. 741-2. Debts whose holders have not lodged a third-party objection within a period set by decree are extinguished. However, in this case, debts are stopped on the date of…

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