Debts arising from pledge loans taken out with municipal credit unions pursuant to article L. 514-1 of the Monetary and Financial Code may be deleted by applying the measures provided for in 2° of Article L. 733-7 and Articles L. 741-2, L. 741-6 and L. 741-7, L. 742-20 et L. 742-22. The realisation of pledges by municipal credit unions may not be prevented or deferred beyond the date specified in…
In proceedings initiated pursuant to this book, lessors’ claims shall be settled in priority to claims by credit institutions and finance companies and to the loans mentioned in Chapter II of Title I of Book III.
The provisions of this book shall apply to a debtor who has made a declaration of constitution of affected assets in accordance with article L. 526-7 du code de commerce, subject to the reservations set out in this article.They apply to over-indebtedness resulting solely from non-business debts. In this case, those of these provisions which concern the property, rights and obligations of the debtor must be understood, unless otherwise provided,…
When over-indebtedness proceedings are initiated before a commission at the request of a sole trader with limited liability, the latter shall indicate, when filing the case, whether proceedings instituted by Titles II to IV of Book VI of the Commercial Code are open for his benefit and with which court. When proceedings instituted by the Titres II to IV of Book VI of the Commercial Code is opened for the…
This book applies to sole traders with the status defined in section 3 of Chapter VI of Title II of Book V of the Commercial Code when the matter is referred to the overindebtedness commission under the conditions provided for in Title VIII bis of Book VI of the same code and subject to the reservations set out below. The provisions relating to the debtor’s assets, rights and obligations must…
Private individuals’ over-indebtedness commissions have the task of dealing, under the conditions set out in this book, with the over-indebtedness situation defined in article L. 711-1.
The request for treatment of the over-indebtedness situation is brought before the competent commission, which may either propose or impose treatment measures under the conditions provided for in Title III, or impose personal recovery without judicial liquidation or refer the matter, with the debtor’s agreement, to the protection litigation judge for the purpose of opening personal recovery proceedings with judicial liquidation under the conditions provided for in Title IV.
Forfeiture of the benefit of the procedure for dealing with overindebtedness provided for in Article L. 761-1 is pronounced by the commission, by a decision subject to appeal, or by the protection litigation judge on the occasion of appeals lodged before him as well as in the context of the personal recovery procedure with judicial liquidation.
In each département, there is at least one individual over-indebtedness commission.The composition and operating procedures of the commissions are laid down by decree in the Conseil d’Etat.
The members of the commission, as well as any person who participates in its work or is called upon to deal with the overindebtedness situation, are required not to divulge to third parties any information of which they have become aware in the context of the procedure instituted by this book, on pain of the penalties provided for in article 226-13 of the Penal Code.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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