Legislative part

The court opens the professional recovery procedure only after ensuring that the legal conditions are met. The opinion of the public prosecutor is required prior to opening the procedure.

The court that opens a professional recovery procedure appoints a court-appointed judge responsible for gathering all information on the debtor’s financial situation, in particular the amount of his liabilities and the value of his assets. The court shall appoint a judicial representative or a person chosen on the basis of the first paragraph of II of article L. 812-2 or on the basis of III of the same article. The…

The judge assigned shall have the powers provided for in Article L. 623-2. He shall immediately provide the agent assisting him with all information and documents required to perform his duties.

If the debtor is put in default or sued by a creditor during the course of the proceedings, the judge may, at the debtor’s request, defer payment of the sums due for up to four months and order, for the same period, the suspension of any enforcement proceedings initiated by the creditor.

The judicial representative or the person chosen on the basis of the first paragraph of II of article L. 812-2 or on the basis of III of the same article may take any action necessary to preserve the debtor’s rights. They shall report to the assigned judge without delay.

The judicial representative or the person chosen on the basis of the first paragraph of II of article L. 812-2 or on the basis of III of the same article, immediately informs known creditors of the opening of the proceedings and invites them to notify it, within two months of receipt of this notice, of the amount of their claim, with an indication of the sums due and the due…

At any time during the professional recovery proceedings, the court may, on the report of the assigned judge, open the judicial liquidation proceedings on which a ruling has been stayed if it is established that the debtor is not acting in good faith or if the investigation has revealed the existence of elements likely to give rise to the sanctions provided for by Title V of this book or to…

After obtaining the opinion of the public prosecutor and on the report of the judicial representative or the person chosen on the basis of the first paragraph of II of article L. 812-2 or on the basis of III of the same article, the assigned judge refers the case back to the court in order to apply the provisions of article L. 645-9 or to order the closure of the…

The closure of the professional recovery procedure entails the wiping out of debts with regard to creditors whose claim arose prior to the judgment opening the procedure, was brought to the attention of the judge appointed by the debtor and was the subject of the information provided for in Article L. 645-8. Debts corresponding to employee claims, maintenance claims and claims mentioned in 1° to 3° of I and II…

When, after pronouncement of the closure of the professional recovery procedure in application of article L. 645-10, it appears that the debtor has obtained the benefit of this procedure through an incomplete description of his assets or liabilities, the court, if it is seised with a view to opening judicial liquidation proceedings, may, in its judgment, set the date of cessation of payments at the date of opening of the…