Call Us + 33 1 84 88 31 00

Article R723-3 of the French Consumer Code

After being informed by the commission of the statement of liabilities declared by the debtor, the creditors have a period of thirty days in which to provide, in the event of disagreement with this statement, proof of their claims in principal, interest and incidentals.Failing this, the claim is taken into account by the commission solely on the basis of the information provided by the debtor.The creditors may be informed by…

Read More »

Article R723-4 of the French Consumer Code

When the commission establishes that the repayment of one or more of the principal debtor’s debts is guaranteed by a surety bond, it shall inform the surety of the initiation of the procedure, by registered letter with acknowledgement of receipt.Within thirty days, the surety may make known his observations in writing to the commission and justify the amount of the sums, if any, already paid in execution of his surety…

Read More »

Article R723-5 of the French Consumer Code

In the light of all the information produced by the parties, the commission draws up the statement of liabilities and notifies it to the debtor by registered letter with acknowledgement of receipt. The letter reproduces the provisions of articles L. 723-3 and R. 723-8 and states that the debtor’s objection must be made by declaration delivered or sent by registered letter with acknowledgement of receipt to the commission’s secretariat. It…

Read More »

Article R723-6 of the French Consumer Code

Where, pursuant to the provisions of article L. 723-4, for the verification of one or more claims, the letter by which the commission refers the matter to the judge shall specify the surname, first names and address of the debtor and those of the creditors in question or, in the case of legal entities, their name and registered office. It contains a statement of the purpose of the referral and…

Read More »

Article R723-7 of the French Consumer Code

Verification of the validity of claims, of the documents evidencing them and of their amount is carried out for the purposes of the procedure and to enable the commission to pursue its mission. It focuses on the liquid and certain nature of the claims and the amount of the sums claimed in principal, interest and incidentals.Claims whose validity or that of the documents evidencing them is not recognised are excluded…

Read More »

Article R723-8 of the French Consumer Code

The debtor may contest the statement of liabilities drawn up by the commission within a period of twenty days. Once this period has expired, the debtor may no longer make such a request.The commission shall inform the debtor of this period.

Read More »

Article R724-1 of the French Consumer Code

When examining the request for treatment of the over-indebtedness situation, the commission decides on the orientation of the case in a reasoned decision which indicates whether the debtor can benefit from the treatment measures provided for in the first paragraph of article L. 724-1 or whether he or she is in the situation defined in the second paragraph of the same article. This decision is brought to the attention of…

Read More »

Article R724-2 of the French Consumer Code

If at the end of the three-month period provided for in Article R. 712-15 the commission has not decided to refer the case, its secretariat will send the debtor, by simple letter, a document attesting to this and specifying the date from which the interest rate on the outstanding loans taken out by the debtor will be reduced to the legal interest rate, unless the commission or the judge decides…

Read More »

Article R724-3 of the French Consumer Code

A debtor whose situation becomes irremediably compromised during the execution of the treatment measures provided for in Articles L. 732-1, L. 733-1, L. 733-4 and L. 733-7 may refer the matter to the commission under the provisions of article L. 724-2 in order to benefit from a personal recovery without judicial liquidation or a personal recovery procedure with judicial liquidation by simple letter signed by him and delivered or addressed…

Read More »

Article R724-4 of the French Consumer Code

The decision is notified to the debtor and the creditors by registered letter with acknowledgement of receipt. This letter indicates that the decision may be appealed, within fifteen days of its notification, by declaration delivered or sent by registered letter with acknowledgement of receipt to the secretariat of the commission. The letter specifies that the statement must state the full name and address of the person lodging the appeal, the…

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.

Useful links

You have a question in French Business Law?

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.

All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.