Possibility for the non-party to the judgment to challenge the separation of assets

It is possible for the creditor not being a party to a judgment relating to the difficulties of the individual contractor (EI) to challenge the separation of the assets of the individual contractor (by declaration at the court registry) within a period of 10 days from notification which was made to him or from the publication of the judgment in the Official Journal of Civil and Commercial Advertisements.

The court's decision in such cases is subject to appeal within 10 days of its notification.

Application of the distinction of assets to the parts requested

In cases of difficulty of the IS, the debtor entrepreneur must present before the court:

• cash;
• the quantified statement of claims and liabilities;
• the active and passive status of collateral ;
• off-balance-sheet commitments (guarantee commitments of the surety, mortgage type, etc.);
• a summary inventory of its assets.

These documents must be presented distinguishing between the assets, rights and obligations of the debtor which form part of the professional estate and those which form part of the personal estate. The procedure thus takes account of the legal separation of assets.

Inclusion of the waiver in the requested documents

Where the EI is the subject of safeguard, judicial redress or liquidation proceedings, the acts of waiver of the protection of the personal assets of the individual contractor must be mentioned, specifying the creditor concerned and the amount of the commitment.

In addition, other documents are now required from the debtor who is the subject of a safeguard or redress procedure:

• name;
• first name;
• address;
• family situation;
• income statement;
• statement of the assets and liabilities of its assets and liabilities;
• name and address of creditors;
• ongoing enforcement proceedings against its property;
• assignment of remuneration granted to its creditors;
• if he is the subject of an eviction order;
• where applicable, the name and contact details of the department responsible for the social assistance or social action measure from which it benefits.

Possibility of treatment measures

It is possible for the entrepreneur concerned by the procedures cited to request, in his request for initiation, the benefit of measures to treat this debt (rescheduling of payments, reduction of the interest rate, etc.).

Notification and appeal period

Judgments handed down in respect of safeguard procedures, judicial redress, bankruptcy and over-indebtedness are subject to appeal by the parties within a period of ten days from their notification.

The decision rejecting the application to open the proceedings referred to here shall be notified by the Registry of the Court to the debtor.