Décision judiciaire de Tribunaux de Première Instance, 14 avril 2006 (cas Tribunal d'instance de Cholet, 14/04/2006, 11-06-000036)
Date de Résolution | 14 avril 2006 |
Numéro de Décision | 11-06-000036 |
Juridiction | Tribunal d'instance de Cholet |
Nature | Chambre civile 1 |
Tribunal d'instance de Cholet
Ct0104
Audience publique du 14/04/2006
Nº de pourvoi: 11-06-000036
11-06-000036
REPUBLIQUE FRANCAISE
AU NOM DU PEUPLE FRANCAIS
TRIBUNAL D'INSTANCE DE CHOLET Jardin du Mail B. P. 1425 49314 CHOLET CEDEX Téléphone: 02 41 65 06 62 Télécopie: 02 41 58 60 98 RÉFÉRENCES RG No11-06-000036 JUGEMENT DU: 14/ 04/ 2006 JUGEMENT DE CLOTURE POUR INSUFFISANCE D'ACTIF PROCÉDURE DE RÉTABLISSEMENT PERSONNEL Loi du 1er août 2003- Décret du 24 février 2004 A l'audience publique du tribunal d'instance de CHOLET, tenue le 14 Avril 2006 Sous la présidence de madame Andrée GEORGEAULT, juge d'instance, délégué dans les fonctions de juge de l'exécution en matière de surendettement pour le ressort de compétence du tribunal d'instance de CHOLET, assistée de madame Christine BUCHET, greffier, Après débats à l'audience du 10 mars 2006 le jugement suivant a été rendu:
Sur la demande aux fins d'ouverture d'une procédure de rétablissement personnel présentée par la: Commission de Surendettement des Particuliers de CHOLET pour traiter le surendettement de DÉBITEURS Monsieur X... Bernard ..., 49600 GESTE, comparant en personne UDAF-Mme Z... Laëtitia ..., 49003 ANGERS CEDEX 01, comparant par Mme Z..., CRÉANCIERS Société PASS 1 place Copernic, 91051 EVRY CEDEX, non comparant Société GE CAPITAL BANK Tour Europlaza la Défense 4, 20 avenue André Prothin, 92063 PARIS LA DEFENSE CEDEX, non comparant CRCAM ATLANTIQUE VENDÉE Route de Paris, 44904 NANTES CEDEX 9, non comparant ADMR LA SANGUEZE Marie de Gesté, 49600 GESTE, non comparant
FAITS ET PROCÉDURE Par jugement de ce jour, le juge d'instance de CHOLET délégué dans les fonctions de juge de l'exécution, a prononcé l'ouverture d'une procédure de rétablissement personnel au profit de monsieur Bernard X... Les parties ont été convoquées par lettre recommandée avec avis de réception à l'audience éventuelle de clôture de la procédure pour insuffisance d'actif, du 10 mars 2006, avec l'indication qu'il ne serait pas procédé à un nouvel arrêté des créances sauf observations contraires, au motif quece travail avait déjà été réalisé par la commission. Aucune observation sur l'arrêté des créances établi par la commission, ou sur la clôture pour insuffisance d'actif n'a été formulé par les parties, oralement ou par écrit, à la présente audience.
MOTIFS Il est établi dans le jugement d'ouverture de ce jour, que la capacité de remboursement du débiteur est inexistante, qu'il ne possède aucun patrimoine permettant...
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