QUESTIONS AND ANSWERS ANSWERS QUESTIONS ABOUT THE COMMISSION OF INDEBTEDNESS
When should I refer to the Commission of indebtedness?
Before entering the Committee indebtedness to the extent possible, moving closer to a consumer organization, or social services to to take stock and try to find the appropriate measures or (renegotiation of loans, deferral of payment, welfare).
If these measures are not feasible or are insufficient, submit your application to the debt commission , you will find contact information at the prefecture of your department.
Who go to get welfare?
There are many social benefits. Initially, check with social service of your local , for what concerns the basic needs (food, clothing, transport, ...), these services distribute, in terms of resources, personalized assistance checks.
If you have serious difficulties paying your rent, you can apply to the solidarity fund for housing (FSL) to obtain financial assistance. Also remember to contact the family allowance fund to obtain or maintain in case of unpaid rent, individual housing allowance (APL).
Finally, General Councils also award a number of financial aid you may find useful. Contact Social Services Authority.
What are the main things which I may be applied when
I do not pay my creditors?
Out procedure indebtedness, creditors have a veritable arsenal in order to cover the debts you owe. They may well do
perform:
- foreclosure,
- an attachment on your furniture so that they are not sold,
- a seizure on your bank account, your fees and your vehicle.
It is therefore essential to take advice notified as soon as the first financial difficulties arise , and not to "play dead" before the reminders of your creditors.
What assets can be seized?
In case of attachment certain property should be left at your disposal. These goods are those which are necessary for everyday life:
- clothing, bedding, linens,
- objects and products needed for body care and maintenance of premises,
- food, household objects
- necessary for preparing and storing food,
- appliances for heating,
- table and chairs to have meals together,
- furniture for storing clothes,
- household goods, washing machine linen,
- books and other objects necessary for further education or vocational training,
- objects children
- personal memories or family
- animals apartment or guard animals
- for the subsistence of the debtor as well as food for their livestock,
- instruments required for the personal exercise of professional activity
- a telephone allowing access to fixed telephone service.
Regarding the procedure in personal recovery, law states that can not be liquidated the property needed for daily life and personal goods essential to the exercise of professional activity of the debtor , such as a car or computer.
What is the composition of the Commission of indebtedness?
People who sit in Commissions indebtedness are defined in Article L.331-1 of the Consumer Code . The Presidency est assurée par le Préfet, représentant de l'Etat, et la vice-présidence par le Trésorier Payeur Général ; le directeur des services fiscaux du département y siège également de droit ; ces trois personnes peuvent se faire représenter par un seul et même délégué.
La Commission compte aussi parmi ses membres un représentant local de la Banque de France, une personne désignée sur proposition de l'Association française des établissements de crédit et des entreprises d'investissement, et une autre sur proposition des associations familiales ou de consommateurs. Les deux parties (créanciers et débiteurs) sont ainsi représentées.
reform creating the device in personal recovery has also introduced two new personalities who will be asked to serve on the committee:
· a person who can demonstrate experience in the field of social economy and family
· a second person possessing a degree or experience in the legal field;
But their voices are only advisory.
What are the debts that can be addressed by the committees of indebtedness? What is the status of debts tax?
The debt commission treats all debts other than debts professional. Thus, in addition to debts related to credit, are also involved in this procedure debts rents, condominium fees, electricity bills, water, hospital fees, canteen, etc..
All personal debts, including those related to bail, are taken into account.
Tax liabilities, of whatever nature (tax shelter, property tax, income tax, license fee, ...) are now treated like other debts.
Can I request an automatic application of the procedure in personal recovery?
No. It is the Commission indebtedness that will decide the orientation of your file, either by entering the justice of execution in order to initiate proceedings in personal recovery, either by opening a procedure "classic" (see diagrams ).
But you can obviously challenge decisions relating to the admissibility of your case and the recommendations of the Commission . Take this opportunity to advocate the initiation of proceedings for reinstatement staff if you feel that this is the best solution to your situation, one that will give you a second chance.
Who is the Judge of Execution (JEX)?
The enforcement judge, commonly called the JEX, is the President of the Tribunal de Grande Instance of the domicile of debtor, or a judge delegated by the President. It is now the true indebtedness judge, since he comes every time the case is brought to justice.
It is also competent to solve the difficulties arising during a seizure or during the execution of a court decision.
I have already asked the Commission and a settlement plan has been established. Can I benefit from the new procedure for personal recovery?
Since your situation has already been reviewed and a plan (or recommendations) has been established, you can request a review of your application only if a new and unpredictable event occurred, changing your financial situation and do more to meet their obligations under the plan that you accepted.
It may be a drop in income (changing your work situation for example) or an increase in your expenses (new dependent, for example).
In this case, you can make contact again with the secretariat of the Insolvency Commission your department to form a new folder.
In which case the Insolvency Commission can she reject my application?
The Commission can declare that your case is inadmissible if it considers that you are unable to meet all your personal debts but if you are in bad faith .
It can also reject your application if you knowingly make false statements to when completing your record or replace inaccurate documents or if you have your property embezzled or concealed, or attempted to do so in whole or in part.
If I enjoy the personal recovery proceedings leading to the cancellation of my debts, what will the consequences be? Will I have to sell my house, my security, my other assets? Will I be stuck?
Insofar as you have assets seized, the judge may impose a compulsory liquidation. Your house will then effectively be sold either on an amicable foreclosure. Your securities will be liquidated. With regard to other goods, the goods necessary for everyday life and personal goods essential to the performance of your work will not be liquidated.
You will be also on the roster on repayment incidents related to credits held by the Bank of France and accessible only to credit institutions.
If I file an application to the Commission, will I be able explain. If yes, can I attend and by whom?
Yes. The law specifically provides that you may request to be heard by the Commission and you can make your request by letter . You will then be convened at least fifteen days before the date of the meeting. You can be assisted by a person of your choice, for example, a lawyer, a consumer organization, a family association ....
I'm in serious debt as a result of problems I met there over a year while I was self-employed. Can I enter the Insolvency Commission?
Yes. Merchants and craftsmen who have ceased their activity for more than a year can benefit from the procedure indebtedness, since they can not after this time invoke the procedures for the prevention and settlement of business difficulties (Article L 333-3 of the Consumer Code). The courts have recognized this possibility and found that the existence, alongside the personal debts, debts related to the former occupation is not an obstacle to the application of the law on the treatment of over-indebtedness (Court of Appeals of Metz, April 24 1990).
Referral to the Commission allows it to stop the prosecution of creditors?
If you have any pending lawsuits, when you drop your file to the secretariat of the Commission, you must state so she asked the judge to the to suspend execution these procedures. Attention, prosecutions to recover debts of support may in no case be suspended. Case of a foreclosure procedure, after the publication of command for seizure, the judge of the foreclosure which will then rule on the stay of proceedings.
Finally, if you get the personal recovery proceedings, the court which pronounced the opening of it automatically suspends enforcement procedures. However, in case of foreclosure, you will enter the foreclosure judge who is competent only to impose the suspension.
I read that if I asked to receive the new procedure for personal recovery, all my property would be sold. But what happens if the sale price is insufficient to pay all my debts?
If the price of the sale of your property other than your furniture necessary for everyday life and your personal goods essential to the exercise of your professional activity, which can not be liquidated, is insufficient, the Judge pronounces the closing of the proceedings for lack of assets, which erases all your debts unprofessional.
I am told that if I ask the benefit of personal recovery proceedings, it sell all my possessions. But I need my car to get to my work. How?
In this situation, your car is considered a non-professional need to the performance of your business and can not therefore be included in the list of goods for sale.
personal recovery procedure entails the decision be published in a journal of legal notices. I do not want my neighbors or my employer informed of my situation. Can it be avoided?
worry. The decision to initiate the process of personal recovery is actually the subject of a publication but only in the Official Bulletin des Annonces Civiles et Commerciales (BODACC), which is read as professionals and has very limited distribution.
If I enjoy the process of personal recovery, and I can not afford attorneys who will be responsible for the sale of my property, what will happen there?
This question is answered in the texts. The fees payable to the agent are paid in priority to the sale price of your property and if this sum is not enough, the balance is paid by the state under court costs. However, depending on your resources, the judge may decide to make a contribution your responsibility.
Entering 7 months ago, the Insolvency Commission has not yet established a plan. I wonder what action will be given to my file?
The commission has six months to review your case. If it does not do so within 9 months from the filing of your case, you can appeal directly to the judge to benefit from the procedure of personal recovery.
During the period between 6 and 9 months, the interest on your loans will be calculated on the basis of interest legal.
