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.
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