Bankruptcy

[alleycat]

Can anyone advise on the laws that govern bankruptcy here in France.  We have an English friend who is struggling to keep her neck above water after her partner cleaned her out and left her with debts she can no longer continue to service - these include mortgage, bank loan and taxes!  She has kept going for a year or more but now sees the gap widening and her health is beginning to suffer.  She is effectively insolvent and doesn't know which way to turn - is bankruptcy an option does anyone know?  We have no experience to be able to advise her but want to help in any way we can, so here's hoping someone out there can throw some light on this.  Her accountants refuse to talk to her because she hasn't been able to pay their bill.........

[Clair]

Start here: http://vosdroits.service-public.fr/particuliers/... (translation)

[Will]

French law is somewhat more restrictive than some other countries. Things have to be done through the courts. This is a summary, by the EU, of French bankruptcy law, though it concentrates more on companies than individuals.

http://ec.europa.eu/civiljustice/bankruptcy/bankruptcy_fra_en.htm

[alleycat]

I tried to wade through both links very kindly given - thank you.  I am left no wiser as to where to start - in simple terms that is.  Where does our friend go to begin with, I mean for instance, during the coming week?  Bailifs have been to the house several times and taken what cash she had and she is now reliant on us more or less completely.  But for her two dogs, who don't have passports, she would lock up the house, give the bank the key and run...... but she won't leave her beloved dogs.  She has a French friend who says they can help her make some 'phone calls but I'm dubious as to whether this friend really knows what to do or where to start either and can very likely just make more of a muddle.  It's so very worrying.  Obviously, from what I read this must all go to court so therefore should she be seeing her local Notaire for starters?

[BJSLIV]

simple summary.... well as simple as it can be!

http://www.vos-droits.justice.gouv.fr/index.php?rubrique=10062&ssrubrique=10203&article=11144

 

[Cerise]

Get your friend to make appointment with the assistante sociale (via the mairie) and to start a process of "surendettement" with the Banque de France.  This is like voluntary insolvency and though there is a lot of paperwork to complete will help her to have a clean slate and start again.   As soon as the process is underway harrassment from bailiffs etc will stop.  The assistante sociale will also help her with whatever financial help she can have and arrange for her to have food from one of the social agencies - Croix Rouge, Restos du Coeur - there is help available.   Her commune will also have a CCAS (social action committee) which may be able to give her a liitle immediate financial aid.  She may be reluctant to ask for help so perhaps you could arrange to go to the mairie with her - stress that it is urgent and make the appointment as soon as possible.  Running away is not the answer.

Good luck with helping her.

[alleycat]

Cerise - thank you so much for that - exactly what I was looking for!  We can start the ball rolling tomorrow and yes I will be helping her all the way!  Thanks also to the previous posting - much simpler than the stuff I was trying to wade through earlier.  I am sure we can begin to sort something out and ease the burden for this poor woman - it cost her a lot just to have to lay bare her soul on all this mess and admit she needed help!  Thanks to all.

[Gardian]

[quote user="alleycat"]I am sure we can begin to sort something out and ease the burden for this poor woman - it cost her a lot just to have to lay bare her soul on all this mess and admit she needed help!  [/quote]

What you describe would be hard for somebody on 'home soil' - 10x more difficult here, if only because you don't know who to turn to.

All the best in your efforts to help.

[Cerise]

Good luck alleycat - I've sent you a bit more info by PM. 

[Bob T]

I know this is going to sound dreadful and I don't mean it in any nasty way, but why is someone who is really struggling with money feeding two dogs? I would have thought that they were a luxury that she cannot afford.

[alleycat]

The dogs are the only thing that has kept her going throughout this ordeal, but for them she would have fled and landed goodness knows where.  They don't eat vast amounts and to be frank I have helped as we buy our dog food in bulk and it's a small thing to be able to do.  I hear what you are saying, but she will get through this and I for one couldn't see her dogs dumped in a home or worse!  What she needs to feed them qhite honestly isn't going to make the least bit of difference to her circumstances except perhaps keep her sane!

[Cerise]

Bob T - if you are not a dog owner you may not understand, but most dog owners would no more get rid of their dogs than a member of their family.  Maybe they are the only thing she has left and as alleycat says a little bit of dog food won't make an impression in the scheme of things.