Overindebtedness is characterised by a manifest inability to pay all debts, both professional and non-professional, that are due and payable. The mere fact of owning one’s principal residence, the estimated value of which on the date on which the overindebtedness application is filed is equal to or greater than the amount of all business and non-business debts due and to fall due, does not prevent the person from being characterised as being in a situation of overindebtedness.
The impossibility of meeting a commitment to guarantee or jointly and severally discharge the debt of a sole trader or a company also characterises a situation of overindebtedness.