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solutions to your debt

Upon the filing of your application to the commission, it must ask the Bank of France your registration f ile incidents Payment (FICP).
This file can be accessed by all credit institutions.

Possible solutions

If the committee accepts your case, that means you can enjoy a measure of treatment situations indebtedness.

Three solutions are possible

The conventional plan of reorganization

The committee may propose a plan for amicable settlement of debts which can take up to 10 years . It is an agreement between you and the people you owe money. It must be signed by you and your creditors.

The interest of the plan is:

• allow the spreading in time of repayment of your debts;
• reduce the total amount that you owe to different persons or organizations;
• lead to suspension any proceedings against you by your creditors (eg seizure of your assets ...).

In return, the board may require you to have a behavior that will facilitate the payment of your debts:

• provide guarantees to creditors (Mortgages, bonds);
• no longer borrow or go into debt until you have repaid your debts existing
• sell property belonging to you.

If no plan of debt repayment has been established between you and your creditors, the board officially inform you of this letter.

In 15 days of receipt of this letter, you can write a letter with acknowledgment of receipt to the Committee having intended to ask the judge to propose the implementation of appropriate measures to your situation.

Be aware of deadlines! Beyond 15 days, your request can not be taken into account.

The measures recommended by the debt commission

The actions requested by the committee may be:

• spreading in time of repayment of your debts (payment terms);
• reduce the amount of your debts (eg lower interest rates your loans ...);
• a suspension of payment of your debts for a maximum of two years, followed by partial clearing, if your situation warrants it.

In return, the board may require you to have a behavior that will facilitate the payment of your debts:

• provide guarantees to creditors (mortgages, bonds);
• no longer borrow or go into debt As you do not repay your existing debts;
• sell property belonging to you;

These measures proposed by the committee are sent a judge who makes them mandatory.

In all cases, you can not stop paying what you owe to your various creditors before receiving authorization (e) by the commission or judge .

Judge of performance located at the High Court of your home and take decisions in the cases of over-indebtedness are . When the Committee proposes measures to help the indebted people example, it verifies that they are appropriate to your situation and make them mandatory.

Your situation financial deepening? You can not meet the repayment plan or the measures recommended by the commission and approved by the judge? You can ask the commission to make further recommendations to suit your new situation. Whatever your situation, please contact the Commission for the update. If you know a social worker, tell him your problems.

The request to initiate a process of personal recovery

If your financial situation warrants it, the commission may ask the judge to run to open a personal recovery proceedings.

> Concretely

Under certain circumstances, your debts will be erased .

> What are the requirements for the commission to present this request to the judge?

You must be in dire straits, so much so that even a refund of your debts in installments is possible.

Your financial situation is then considered "hopelessly compromised". This

procedure can not be applied if you agree (and you have given your written consent ).

If all conditions are met, then the commission will send your file to the enforcement judge who will review it.

The personal recovery proceedings

Who can request the application of this procedure?

• is the debt commission, which in principle makes the request after reviewing your file.
• The enforcement judge can also make this decision at the time of challenge to a decision of the committee.
• You can also apply directly to the justice of the execution in case you have filed a case before the debt commission for over 9 months and it has given you no answer.

How is the process of personal recovery?

• In court, the enforcement judge decides whether the personal recovery procedure applies whether or not your financial situation.

two possibilities arise:

1) The judge found that you can not qualify, he then sends the file to your debt commission which will deal with your new situation

2) Otherwise, it opens the process of personal recovery. He can then appoint someone to review your financial situation more accurately. This person is called an "agent".

you disagree with a decision made by the Committee

You can challenge a decision to the judge who will review your performance record.

How to apply?

Ask the court of first instance of your home.

What are the powers of the Judge?

After you have heard, the judge may confirm or vary the decision of the debt commission.
It can also offer you, if you agree, a process of personal recovery.

What is the procedure before the judge of the execution?

Before the judge, you can come alone (e) or to be accompanied or represented by a lawyer, an association, by your spouse or a close relative.

unlock savings and other credit

When recovery plan is in place for several years, and the debtor has an employee savings plan, he may petition the Commission to regularly ask (every year if it wishes) early release to facilitate the success of the Plan, or to meet expenses unexpected. In the same vein, to obtain new credit, it must seek the agreement of the Commission. To do this, send the Commission a letter, a copy of the current plan, a loan offer of a credit institution, an update of its resources (payslip, CAF. ...) And its load ( rent, taxes ... ..). The latter will analyze the situation and give its approval if the monthly installment of the new loan does not affect the smooth running of the Plan.