Debt commission Insolvency Commission - Solution indebtedness
Neiertz The law of 31 December 1989 established in each county at least one debt commission individuals.
The main task assigned to these committees indebtedness is to find solutions, amicable or judicial, for individuals who are in good faith unable to cope with their debts outside of work. Indeed, Debt Commissions looking to find a compromise with the creditors of indebted people to ease their debts.
Procedures indebtedness
Persons entitled to refer the debt commission are:
- Individuals of good faith, including foreigners residing in France for non-business debts, and, whatever their income level;
- Individuals temporarily residing abroad and having their principal residence on French territory;
- Individuals of French nationality outside of France who contracted non-business debts with creditors established on national territory.
They can seize the debt commission governing the establishment of one of their creditors ;
- The ancient craftsmen, farmers and other professions if they have, for over a year, ceased their de facto activity, or if they are written off over a year from the trade register. These former professionals are Beneficiaries of the procedure established by law only if their debt is not related to their past activity. Therefore
commissions indebtedness should remove the old debts professional to assess, at the admissibility of the debtor's situation, since they are expressly excluded from the law;
- A spouse, for his personal debt, that is to say his own debts, and non-business debts incurred by one or both spouses and resulting solidarity of the other spouse under the matrimonial property, including debts incurred for household needs and care of children, even if the other spouse is excluded from the proceedings because of his professional status;
- A person Physical whose indebtedness is the result of the commitment it gave to endorse or severally to pay the debt of a sole proprietor or partnership if it was not in law or in fact leader thereof.
Members of the debt commission
Generally, debt commission includes representatives of the State Department, President, paymaster-general, vice-president, the local representative Banque de France, which provides the secretariat, as well as two persons chosen by the State representative in the department.
Deposit Account - Procedure - Seizure Procedure Committee debt personal recovery The law allows people who can not cope with their debt to non-occupational initiate a debt overhang. This procedure is free.
The seizure of the debt commission
In principle the seizure of the debt commission be effected by the submission of the statement of indebtedness is sent by ordinary mail or deposited with the secretariat Commission.
+ File of indebtedness
This file consists of indebtedness of the following: •
the family composition (photocopy of the Family ...)
• income (salary slips, Assedic Family Allowances Fund ...) ;
• the assets (cars, real estate, including Savings Savings Plan Company ...) •
expenses (photocopies of rent receipts, Income Tax, Property Tax, Housing and TV license, Insurance ...) • the
bank statements;
• all debts must be mentioned, both tax debts, late rent, rental fees (...) the mortgages, personal revolving credit (...) made with financial institutions.
+ For more information on the back of indebtedness:
Kit indebtedness
Consideration of admissibility of the application
After the filing of the dossier, the debt commission the first reviews to determine its admissibility or not, so she made an inventory of the overall debt.
When the case is admissible, the debt commission decides its : plan of reorganization or personal recovery proceedings
conventional plan of reorganization or personal recovery proceedings
First, it negotiates a conventional plan of reorganization if this has not led to a result, it can make recommendations. The judge allows the execution to give them binding. He also intervenes in cases of appeal.
In case the debt commission found that the debtor has low resources, it can then initiate a procedure for personal recovery, she took it to the court of the execution.
Before entering the court of enforcement for the purposes of opening a personal recovery proceedings, the debtor must give written consent on a form by which it informs the debt commission he accepts the decision to liquidate his personal assets.
Otherwise, an appeal against the decision of the commission may be made by creditors within 15 days of notification that is sent with the case to judge performance.
For this, the execution judge shall appoint a liquidator to prepare a heritage assessment of the debtor.
The liquidator has a period of 12 months to sell the property by agreement or, failing that, organizing a forced sale. It makes the product distribution of assets and pay off the creditors according to their rank.
J. summon the debtor during a public hearing to analyze the situation and decide how to restore staff which will result in the cancellation of debts to the exclusion of criminal convictions, debts, food, professional tax debt, business debt, debt settled by a cash deposit and repairs ...
A copy of the order is addressed by the judge Commission secretariat , load it to inform creditors.
The debtor will be registered for a period of 8 years FICP (File National Incident refund Individual Credit ).
See also:
Kit indebtedness
File National Incident repayment loans (FICP)
FILING Banque France
Credit Banking prohibited Redemption Credit Banking prohibited Redemption Credit FICP Interim Credit Redemption Redemption Credit indebtedness
