Article L723-2 of the French Consumer Code
November 7, 2023
The commission informs the debtor of the statement of liabilities it has drawn up.
The commission informs the debtor of the statement of liabilities it has drawn up.
The debtor may, within a period set by decree, contest the statement of liabilities drawn up by the commission and ask the commission to refer the matter to the protection litigation judge, with a view to verifying the validity of the claims, the documents evidencing them and the amount of the sums claimed. The Commission is obliged to grant this request.
Even in the absence of a request from the debtor, the commission may, in the event of difficulties, refer the matter to the protection litigation judge for the purpose of verifying the validity of the claims, the documents evidencing them and the amount of the sums claimed.
When it emerges from the examination of the request for treatment of the overindebtedness situation that the debtor’s resources or realisable assets allow it, the commission prescribes treatment measures under the conditions provided for in Articles L. 732-1, L. 733-1, L. 733-4 and L. 733-7. When the debtor is in an irremediably compromised situation characterised by the manifest impossibility of implementing the treatment measures mentioned in the first paragraph, the…
If, during the execution of the processing measures provided for in Articles L. 732-1, L. 733-1, L. 733-4 and L. 733-7, it appears that the debtor’s situation has become irretrievably compromised under the conditions set out in the second paragraph of Article L. 724-1, the debtor may refer the matter to the commission in order to benefit from a personal recovery procedure with or without judicial liquidation.
In the case mentioned in article L. 724-2, after noting the debtor’s good faith, the commission imposes a personal recovery without judicial liquidation or refers the matter to the protection litigation judge for the purpose of opening a personal recovery procedure with judicial liquidation. This decision or referral suspends and prohibits enforcement proceedings against the debtor’s assets as well as assignments of remuneration granted by the debtor and relating to…
The suspension and prohibition mentioned in article L. 724-3 are acquired until the date of the decision of the commission imposing a personal recovery without judicial liquidation, until the judgement pronouncing a personal recovery without judicial liquidation or until the judgement opening a personal recovery procedure with judicial liquidation. This suspension and prohibition may not exceed two years.
The commission may also ask the judge to suspend eviction measures from the debtor’s home.
For the application of the provisions of articles L. 732-1, L. 733-1 or L. 733-4, the amount of repayments is set, under conditions specified by decree in the Conseil d’Etat, by reference to the percentage of salary that can be seized as set out in articles L. 3252-2 and L. 3252-3 of the Labour Code, so that the share of resources necessary for the household’s current expenses is reserved for…
The proportion of resources required for the household’s day-to-day expenses may not be less, for the household in question, than the flat-rate amount mentioned in article L. 262-2 du code de l’action sociale et des familles. It includes the cost of accommodation, electricity, gas, heating, water, food and schooling, childcare and business travel, as well as healthcare costs. The conditions under which these expenses are taken into account and assessed…
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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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