If the debtor’s situation so requires, the judge shall order the provisional suspension of measures to evict him from his dwelling, with the exception of those based on a judgment of auction handed down in relation to the seizure of property and those ordered on the basis of the third paragraph of article 2198 of the Civil Code.
This suspension is acquired, for a maximum period of two years and, depending on the case, until approval of the conventional recovery plan provided for in Article L. 732-1, until the decision imposing the measures provided for in articles L. 733-1, L. 733-4, L. 733-7 and L. 741-1, until the judgment pronouncing a personal recovery without judicial liquidation or until the judgment opening a personal recovery procedure with judicial liquidation.
The admissibility of the application results in the reinstatement of rights to personalised housing assistance and housing allowances. Personal housing assistance is released under the conditions set out in articles L. 824-3, L. 832-4 and L. 842-2 of the Code de la construction et de l’habitation.
Notwithstanding any legal provision or any contractual clause, no indivisibility, termination or resolution of a current contract may result solely from the fact of the decision on the admissibility of the claim.
In the event of a direct debit notice being rejected after notification of the admissibility decision, the credit institution, electronic money institution or payment institution that holds the depositor’s account and the creditors may not collect any related fees or commissions.
As from the decision that the claim is admissible, the thirty-day period referred to in second paragraph of Article L. 113-3 of the French Insurance Code, where applicable, is extended to one hundred and twenty days for insurance policies covering the repayment of a loan covered by Chapter II of Title I of Book III and included in the statement of liabilities definitively approved by the commission or the court….
Debts appearing in the debtor’s statement of indebtedness drawn up by the commission may not produce interest or generate late payment penalties from the date of admissibility and until the implementation of the measures provided for in 1° and 2° of Article L. 724-1 and to articles L. 732-1, L. 733-1, L. 733-4 and L. 733-7.
Creditors shall inform the persons they have instructed to take recovery action of the admissibility of the claim and its consequences as provided for in articles L. 722-2 and L. 722-3.
When a social cohesion protocol provided for in articles L. 353-15-2 and L. 442-6-5 of the Construction and Housing Code was entered into with the landlord prior to the admissibility decision, payment of the rent arrears provided for in the said protocol is suspended until the measures provided for in 1° and 2° of Article L. 724-1 or to articles L. 732-1, L. 733-1, L. 733-4 and L. 733-7. Where…
After examining the admissibility of the request for treatment of the over-indebtedness situation, the commission draws up a statement of the debtor’s liabilities. To this end, it may publish a call for creditors.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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