An Act To Amend The Judicial Code As Regards The Collective Settlement Of Debts (1)

Original Language Title: Loi modifiant le Code judiciaire en ce qui concerne le règlement collectif de dettes (1)

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Posted the: 2012-04-13 Numac: 2012009166 SERVICE PUBLIC FÉDÉRAL JUSTICE March 26, 2012. -Act to amend the Judicial Code as regards the collective settlement of debts (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Changes of Code judiciary art. 2A article 1675/9 of the Judicial Code, inserted by the law of July 5, 1998 and amended by the laws of the 29 May 2000, December 13, 2005 and April 6, 2010, the following changes are made: 1 ° in the § 1, 4 °, the words "must be done between hands of the Ombudsman of debts" are replaced by the words "shall be paid into an account. open to this effect by the Ombudsman of debts and on which is paid all payments made to the claimant. "The Ombudsman of debts is the applicant able to be informed continuously relatively to the account, transactions on this account and the balance of this account."
2 ° § 4 is replaced by the following: "§ § 4 4» Debt mediator will be charged on the amounts it collects pursuant of § 1, 4 °, a nest egg that is placed at the disposal of the applicant and which is at least equal to the amount protected by application of articles 1409 to 1412. This nest egg can be reduced for a limited period subject to the express consent written the applicant, but it must always be higher, so the plan of settlement as part of the settlement plan, the amounts referred to in article 14 of the Act of 26 May 2002 concerning the right to social integration, increased by the sum of the amounts referred to in article 1410 , § 2, 1°. » Art. 3A article 1675/10 of the same Code, inserted by the law of July 5, 1998 and amended by laws of 29 May 2000 and December 13, 2005, the following changes are made: 1 ° it is inserted § 2/1 as follows: § 2/1. The settlement plan resumes the detailed and updated state income and the means available to the household. Annex to the plan, which is only communicated to the judge, includes a detailed statement of the charges and assets of the debtor and, where appropriate, of the loads and assets of his household. »;
2 ° it is inserted a § 2/2, as follows: "§ 2/2. The settlement plan indicates how the debtor receives the information referred to in article 1675/9, § 1, 4 °. »;
3 ° § 5 is supplemented by a paragraph worded as follows: "the settlement plan takes courses at the date of decision of admissibility. The judge may derogate from this principle by reasoned decision. »;
4 ° article is supplemented by a § 6 worded as follows: ' ' § § 6 6 The project indicates the duration of the settlement plan which may not exceed seven years, unless the debtor not in requests the extension of an explicit and reasoned, to safeguard certain elements of its heritage and to ensure the respect of human dignity. The judge shall decide on this request. If necessary, it takes note of the agreement. » Art. 4. article 1675/11, § 1, of the same Code, inserted by the law of July 5, 1998 and amended by the law of December 13, 2005, is supplemented by a paragraph, as follows: "Notwithstanding section 51, the period of six months referred to in paragraph 1 may be extended once only for a maximum period of six months."
S. 5. in article 1675/12, § 4, of the same Code, inserted by the law of July 5, 1998 and replaced by the law of December 13, 2005, "without that income of the applicant cannot be less than the amounts provided for in article 14 of the Act of 26 May 2002 concerning the right to social integration" shall be replaced by the words 'but revenues including has the applicant must always be greater than the amounts provided for in article '. 14 of the Act of 26 May 2002 concerning the right to social integration, increased by the sum of the amounts referred to in article 1410, § 2, 1 °. » Art. 6. in part five, title IV, chapter I, section 5, of the same Code, it is inserted an article 1675/13ter as follows: «art.» 1675/13ter. The Ombudsman of debt responds payment of the stipend as possible, on the dates agreed with the claimant or set out in amicable or legal regulation.
» Art. 7. at article 1675/17 of the same Code, inserted by the law of July 5, 1998 and amended by the li on December 13, 2005, the following changes are made: 1 ° the § 1 is replaced by the following: "§ 1.» Can only be designated as mediators of debts:-lawyers, judicial officers or agents of justice, provided that they have been approved. The King determines the terms and conditions of this approval. The approval shall be granted only if the mediator of debt took the training organized for that purpose by the competent authority;
-public institutions or private institutions approved for this purpose by the competent authority. These institutions rely in this context on natural persons meeting the conditions laid down by the competent authority. »;
2 ° in § 3, paragraph 1, the following sentence is inserted between the first sentence and the second sentence: "It shall ensure in particular the inclusion of all positions critical to the maintenance of human dignity in the amicable or judicial settlement plan and also ensures the indexing of the nest egg of mediation based on the health index.";
3 ° in § 3, paragraph 2 is replaced by the following: «all years from the date of the decision of eligibility or whenever the judge the request and at the end of the settlement plan, debt mediator presents to the judge a report on the State of the procedure and its evolution. The report describes the State of the procedure, the duties carried out by the Ombudsman of debts, the reasons for the extension of time limits, the social and financial situation updated and the future prospects of the person, the status of the account of the mediation and any information that the Ombudsman considers useful. There will be attached either movements of mediation account history, account statements twice. »;
4 ° in § 3, paragraph 4 is replaced by the following: «the Ombudsman's debt presents a copy of the report to the debtor. Creditors may take cognizance of this report on-site or in the registry. "CHAPTER 3. -Provisions finals s. 8. with the exception of article 7, 3 ° and 4 °, this Act applies to the collective settlement of debts which the admissibility decision was made after its entry into force.
S. 9. article 7, 1 ° enter into force at a date to be fixed by the King.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels on March 26, 2012.
ALBERT by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) records of the House of representatives: 53-1410-2010/2011: No. 1: Bill of Mr. Bonte and others.
No. 2: amendment.
53 - 1410 - 2011/2012: our 3-6: amendments.
No. 7: report.
No. 8: Text adopted by the commission.
No. 9: Text adopted in plenary meeting and transmitted to the Senate.
Full report: February 16, 2012.
The Senate documents: 5-1490-2011/2012: No. 1: project not referred by the Senate.

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