Enforcement proceedings against a debtor who is a sole trader may only relate to the assets of the estate over which the creditor has a general lien by virtue ofArticle L. 526-22 of the Commercial Code.
A sole trader who has waived the benefit of the provisions of the fourth paragraph of the same Article L. 526-22 under the conditions set out in Article L. 526-25 of the same Code may, if he establishes that the value of the assets that constitute his business assets is sufficient to guarantee payment of the debt, ask the creditor to give priority to enforcement against these assets.
If the creditor establishes that this proposal jeopardises the recovery of his debt, he may oppose the request.
A creditor who opposes the debtor’s request cannot be held liable, unless he intends to do harm.