If the proposed distribution is contested, the petitioner summons the creditors involved in the proceedings and the debtor. The interested parties are brought together within a period of between fifteen days and one month following the first challenge.
If the creditors party to the proceedings and the debtor reach an agreement on the distribution of the price and, where Article R. 331-3, on the release of registrations and publications, a report is drawn up signed by the creditors and the debtor.
The notifications and summonses to which this chapter gives rise shall be made in accordance with the rules governing notifications between lawyers, except in the case of a debtor who has not constituted a lawyer.Article 652 of the Code of Civil Procedure is applicable.
The applications referred to in articles R. 332-6 and R. 332-8 must be accompanied by: 1° A mortgage statement dated after publication of the sale; 2° Proof of receipt of the proposed distribution; 3° The proposed distribution or the minutes of the agreement containing, where applicable, authorisation to release the registrations and to cancel the summons to pay in lieu of seizure; 4° The statements of registrations provided for in…
In the absence of a record of agreement bearing the executory clause, the pursuing party shall refer the matter to the enforcement judge, forwarding to him the proposed distribution, a record of the difficulties encountered and any useful documents. If the pursuing party fails to act promptly, any interested party may apply to the enforcement judge for judicial distribution. Where the distribution relates to sums from a property seizure, the…
When it is necessary to apportion the price of several properties sold collectively or to determine the fraction of the sale price corresponding to the value of a property by destination, the judge, at the request of the parties or ex officio, may appoint an expert by order. The judge sets a deadline for the expert to submit his report, on the basis of which the apportionment will be decided.
The court draws up a statement of distribution and decides on distribution costs. Where applicable, the judge orders the cancellation of any security interests published on the property taken by the debtor. An appeal against the judgment establishing the distribution statement has suspensive effect.
After publication of the title deed and on the basis of a mortgage statement, the first-ranking creditor may apply to the enforcement judge for provisional payment of the principal of his claim by the receiver or the Caisse des Dépôts et Consignations. The enforcement judge’s decision is notified by the first-ranking creditor to the debtor and the registered creditors, who have a period of fifteen days in which to object…
The receiver or the Caisse des Dépôts et Consignations will pay the creditors and, where applicable, the debtor, within one month of being notified, as applicable, of the approved distribution proposal or the enforceable minutes of agreement or an enforceable copy of the decision approving the distribution statement.
The period on expiry of which the payment of the sale price or its deposit with Caisse des Dépôts by the purchaser has all the effects of a payment vis-à-vis the debtor is six months.
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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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