The over-indebtedness Commission: definition

The over-indebtedness commission is intended to be a public institution whose mission is to instruct the individual over-indebtedness. When a person is unable to pay his debts, he can seize the commission …

A file is then deposited with the Bank of France to be then studied by the commission which checks whether it is admissible or not. The over-indebtedness commission may decide to cancel all or part of the individual’s debts.

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In the event that you can not repay your (non-professional) debts, you are then considered to be in a situation of over-indebtedness. And it’s your interest to appeal to the debt commission by seizing it.

The mission of the commission is to propose a solution to your situation of overindebtedness while preserving the interest of each creditor waiting for a settlement. It can thus establish a conventional plan of recovery, which is an amicable plan of abandonment, postponement or repayment of the debts of the individual. This must be approved by the latter as well as by its creditors.

If this is not possible, the commission can then impose on the individual and its creditors the solution considered to be the most appropriate. In this regard, it must be known that certain solutions must be validated by a judge.

If none of these measures are possible, the board may initiate a personal recovery procedure.

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To enter the over-indebtedness commission, you have to apply for a declaration of over-indebtedness form addressed to the Banque de France (form downloadable online on its website). Once completed, you must send this form to the branch of the Bank of France being close to your home.

Once your file is filed, you are registered with the FICP (National Register of Incidents of Repayment of Credits to Individuals) that can be accessed by all banks and credit agencies.