belgiquelex.be - Carrefour Bank of Legislation

26 MARCH 2012. - An Act to amend the Judicial Code with respect to the collective settlement of debts (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Judicial Code
Art. 2. In section 1675/9 of the Judicial Code, inserted by the law of 5 July 1998 and amended by the laws of 29 May 2000, 13 December 2005 and 6 April 2010, the following amendments are made:
1° in § 1^er, 4°, the words "must be carried out in the hands of the debt mediator" are replaced by the words "to be paid on an account, opened for this purpose by the debt mediator and on which all payments made to the claimant are paid. The debt mediator puts the Grievor in a position to be continuously informed of the account, the transactions carried out on that account and the balance of that account."
2° § 4 is replaced by the following:
“§4. The debt mediator collects on the amounts he receives under § 1^er, 4°, a toll that is made available to the applicant and is at least equal to the amount protected under articles 1409 to 1412. This capital may be reduced for a limited period of time by the applicant's express written authorization, but it must always be superior, both within the framework of the amicable settlement plan and within the framework of the judicial settlement plan, to the amounts referred to in Article 14 of the Law of 26 May 2002 concerning the right to social integration, plus the sum of the amounts referred to in Article 1410, § 2, 1°. »
Art. 3. In section 1675/10 of the same Code, inserted by the law of 5 July 1998 and amended by the laws of 29 May 2000 and 13 December 2005, the following amendments are made:
1° it is inserted a § 2/1 written as follows:
“§ 2/1. The amicable settlement plan includes the detailed and updated statement of household income and available means. The schedule to the plan, which is only communicated to the judge, contains a detailed statement of the debtor's charges and assets and, where applicable, the expenses and assets of his household. »;
2° it is inserted a § 2/2, as follows:
“§ 2/2. The friendly settlement plan indicates how the debtor receives the information referred to in Article 1675/9, § 1^erFour. »;
3° § 5 is supplemented by a paragraph written as follows:
"The amicable settlement plan takes place on the date of the eligibility decision. The judge may derogate from this principle by reason of decision. »;
4° the article is supplemented by a § 6 written as follows:
“§ 6. The project indicates the duration of the amicable settlement plan that cannot exceed seven years, unless the debtor requests the extension of it in an express and motivated manner, with a view to safeguarding certain elements of its heritage and ensuring respect for human dignity. The judge shall rule on that request. Where applicable, it takes note of the agreement reached. »
Art. 4. Article 1675/11, § 1^erthe same Code, inserted by the Act of 5 July 1998 and amended by the Act of 13 December 2005, is supplemented by a paragraph, which reads as follows:
"By derogation from section 51, the six-month period referred to in paragraph 1^er may be extended only once a maximum period of six months. »
Art. 5. In Article 1675/12, § 4, of the same Code, inserted by the law of 5 July 1998 and replaced by the law of 13 December 2005, the words "without the income available to the applicant to be less than the amounts provided for in Article 14 of the Law of 26 May 2002 concerning the right to social integration" are replaced by the words "but the income available to the applicant must always be greater than the amounts provided for in Article 14 of the Law of »
Art. 6. Part 5, Part IV, Chapter I^er, section 5, of the same Code, an article 1675/13ter is inserted as follows:
"Art. 1675/13ter. The debt ombudsman shall respond to the payment of the toll within the time limits, on the dates agreed with the applicant or fixed in the amicable or judicial regulation. »
Art. 7. In section 1675/17 of the same Code, inserted by the law of 5 July 1998 and amended by the law of 13 December 2005, the following amendments are made:
1° § 1^er is replaced by the following:
« § 1^er. Can only be designated as debt mediators:
- lawyers, departmental officers or legal agents, provided they have been approved. The King shall determine the terms and conditions of such approval. Accreditation is granted only if the debt mediator has followed the training organized for this purpose by the competent authority;
- public institutions or private institutions approved for this purpose by the competent authority. In this context, these institutions involve individuals who meet the conditions set by the competent authority. »;
2° in § 3, paragraph 1^erthe following sentence is inserted between the first sentence and the second sentence:
"In particular, it ensures the registration of all necessary positions for the maintenance of human dignity in the friendly or judicial settlement plan and also ensures that the mediation toll is indexed on the basis of the health index. »;
3° in § 3, paragraph 2 is replaced by the following:
"Every year from the date of the eligibility decision or whenever the judge so requests and at the end of the settlement plan, the debt mediator shall give the judge a report on the status of the proceedings and its evolution. The report describes the status of the proceedings, the duties of the debt mediator, the reasons for the extension of time, the present social and financial situation and the prospects for the future of the person, the status of the mediation account and any information that the mediator considers useful. It will be joined either the history of the mediation account movements, or the double of the account excerpts. »;
4° in § 3, paragraph 4 is replaced by the following:
"The debt mediator shall give a copy of the report to the debtor. Creditors may be aware of this on-site report or the Registry. »
CHAPTER 3. - Final provisions
Art. 8. With the exception of section 7, 3° and 4°, this Act applies to collective debt regulations whose eligibility decision was pronounced after its entry into force.
Art. 9. Article 7, 1°, comes into force on a date to be fixed by the King.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, March 26, 2012.
ALBERT
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Documents of the House of Representatives:
53-1410 - 2010/2011:
No. 1: Bill of Law by Mr. Bonte et al.
No. 2: Amendment.
53-1410 - 2011/2012:
n^bones 3-6: Amendments.
Number 7: Report.
No. 8: Text adopted by the commission.
No. 9: Text adopted in plenary and transmitted to the Senate.
Full report: 16 February 2012.
Documents of the Senate:
5-1490 - 2011/2012:
No. 1: Project not referred to by the Senate.