The debtor’s property rendered unavailable by enforcement proceedings may be sold by mutual agreement by the liquidator, with the authorisation of the protection litigation judge, ruling by order, who justifies that this sale can be concluded under satisfactory conditions. The order authorising the sale by mutual agreement of a property shall be published alongside the summons published at the land registry.
When the liquidator plans to sell an asset by mutual agreement, he shall inform the debtor and the creditors by simple letter, specifying the proposed sale price and, where applicable, the specific terms of the sale.
In the event of the sale by mutual agreement of a property subject to a mortgage, the judge responsible for protection disputes shall determine the minimum amount of the sale price. Payment of the price in accordance with this amount, the costs of the sale and the transfer duties will release the property from all mortgages and liens taken out against the debtor. At the request of the purchaser, the…
When a property is sold by mutual agreement, the notary in charge of the sale remits the price, as soon as it is collected, to the liquidator.
For the application of the provisions of article L. 742-16, the liquidator performs the acts incumbent on the pursuing creditor under the provisions relating to civil enforcement procedures.
If the liquidator has not completed the sale of the debtor’s assets under the conditions provided for in articles L. 742-16, he may apply to the Protection Litigation Judge for an extension of the sale period. The judge will rule on this request by order.
The sale by auction of a property is subject to the provisions of Titles I and II of Book III of the code des procédures civiles d’exécution, with the exception of sub-sections 2 and 4 of section 1 and sections 2 and 3 of chapter II of title II, insofar as they are not derogated from by the provisions of this sub-paragraph. In the départements of Bas-Rhin, Haut-Rhin and Moselle,…
The protection litigation judge, at the request of the liquidator, shall determine the price to be paid for the property to be sold, the essential conditions of the sale and the visiting arrangements. At the request of the liquidator or one of the parties, the judge may adjust, restrict or complete the measures for publicising the sale under the conditions set out in Articles R. 322-37 and R. 322-38 of…
A copy of the judgment shall be sent to the liquidator by the registry by simple letter.
The judgment produces the effects of the order provided for in article R. 321-1 of the code des procédures civiles d’exécution. It is published, at the liquidator’s request, at the land registry of the place where the assets are located, in accordance with the conditions set out for the aforementioned summons.
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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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