If the commission grants the debtor’s request, the letter referred to in Article R. 724-4 states that its decision entails the suspension and prohibition of enforcement proceedings against the debtor’s assets as well as assignments of remuneration that he has agreed to and that relate to debts other than maintenance debts.
The suspension of eviction measures from the debtor’s home shall be applied for by the commission to the protection litigation judge and dealt with under the conditions set out in articles R. 722-7 and R. 722-8.
If the commission imposes personal recovery without judicial liquidation, the provisions of article R. 741-1 are applicable. If the commission decides to refer the matter to the judge for the purposes of opening a personal recovery procedure with judicial liquidation, the provisions of article R. 742-3 shall apply.
If the commission does not grant the debtor’s request, it will inform the debtor that the conventional plan or the measures imposed are continuing. .
For the application of the provisions of articles L. 732-1, L. 733-1 and L. 733-4, the proportion of the debtor’s monthly resources to be used to pay off his debts is calculated in accordance with the conditions set out in articles L. 731-1, L. 731-2 and L. 731-3, by reference to the scale provided for in article R. 3252-2 of the French Labour Code. However, this sum may not exceed…
The portion of resources reserved by priority for the debtor is determined with regard to all current household expenses, which include the expenses mentioned in article L. 731-2.
The amount of the household’s current expenses is assessed by the commission, either for their actual amount on the basis of items declared by the debtor, or according to the scale set by its rules of procedure and taking into account the composition of the family. The rules of procedure specify the conditions and procedures under which expenses are taken into account for their actual amount or according to the…
The conventional reorganisation plan states that it is automatically null and void fifteen days after an unsuccessful formal notice sent to the debtor to perform its obligations, without prejudice to the exercise of the options provided for in Articles L. 721-1, L. 721-4, L. 721-6, L. 721-7, L. 722-3, L. 722-4 and L. 722-6.
The proposed conventional recovery plan drawn up by the commission is notified to the creditors by registered letter with acknowledgement of receipt. Creditors have 30 days in which to reject the proposal.
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.
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
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
Resources
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
Useful links
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.
