If the examination of the request for treatment of the overindebtedness situation reveals that the debtor is in an irremediably compromised situation as defined in the second paragraph of article L. 724-1 and has assets other than those mentioned in 1° of the same article, the commission, after summoning the debtor and obtaining his agreement, refers the matter to the protection litigation judge for the purpose of opening a personal recovery procedure with judicial liquidation.
The debtor’s failure to respond to the summons shall constitute a refusal of such referral.
If the debtor refuses, the commission resumes its mission under the terms of the provisions of articles L. 732-1, L. 733-1, L. 733-4 and L. 733-7.