Borlo Law For Excessive Debt
Feb 08, 2010 in Business
Borlo law or Borlo Act was first introduced by the French in the year 1995 with an intention to help the people trapped in problems of over indebtedness. The original enactment was subjected to amendments in the year 1998 and 2003. This Law intends to introduce a new out of court settlement mechanism exclusively for resolving the over indebtedness problems of the citizens of France by way of establishing household debt commissions. This household debt commission constituted under the Bolo Law is expected to act as a conciliate body the helps the creditors and debtors to enter into fruitful negotiations.
The household debt commission constituted under the Borlo Law had been working under the Banque de France. It is the duty of the commission to act as a mediator between the debtor and the creditor by enabling them to reach into an amicable settlement and to help them the frame effective and practical repayment schedules for settling the debts. Household debt commission framed under the Borlo law is also authorized to make recommendations to the courts while trying case that involves the question of repayment of debts.
The responsibilities of the commission include helping the parties to frame repayment schedule and make recommendation for the magistrate for recovery of the personal properties of the debtor where the mediation fails to reach into an amicable settlement agreeable to both the parties. It is the responsibility of the commission to help the parties by framing a loan repayment schedule based on the income and the debts that the debtor owes to his creditors. Both the debtor and the creditors should be consulted by the commission while drafting repayment schedule for the debt. If agreed by both the parties the schedule drafted by the commission will be presented before the concerned magistrate to get approval from the judiciary. The schedule prepared to resolve the cases that involve severe indebtedness may contain recommendations for writing off of certain portions of the debts or the whole debt that the debtor owes to his creditors.
The commission constituted under the Borlo Law is authorized to make recommendations to the court if it feels that it is not practically possible for the debtor to repay the amount that he owes to his creditors. But the commission should obtain the consent of the debtor before it makes a recommendation for personal recovery to the court.
Before proceeding with a case of over indebtedness commission has to satisfy itself that it is a legally admissible case to be taken up by the commission. The person or the debt that comes before the commission should be a debt that comes under the purview of definition given for over indebtedness under the French Consumer Code. The commission has no right to interfere the cases arising out of professional debts. The person approaching the commission should act in good faith.
The parties of the matter admitted by the court will be informed about the admission of the case once it has decided to take up the matter. The court before which the matter is pending should stay the matter until the commission takes a final decision upon the issue.
To get a correct picture of the debts of the debtor the commission directs the creditors to submit a detailed statement of the debt that the debtor owes to them. When the commission draws up a repayment schedule priority will be given to the loans financing the purchase of the applicant’s residence. All the creditors who have granted cash loans or consumer credit will be treated equally by the commission. The schedule drafted by the commission should be given to the debtor as well as the creditors to verify. Refusal by a single creditor will lead to failure of the proposal made by the commission. If the financial condition of the debtor is so bad the commission can refer the matter to the judiciary recommending personal recovery with a written consent from the debtor.
Writen by Matthieu Laporte of aidesurendettement.com where you can get free information on PEL (plan d’epargne logement)
and on other debt and credit matters.