Décision judiciaire de Tribunaux de Première Instance, 10 janvier 2006 (cas Tribunal d'instance de Cholet, CT0104, du 10 janvier 2006)
Date de Résolution | 10 janvier 2006 |
Juridiction | Tribunal d'instance de Cholet |
Nature | Ct0104 |
Tribunal d'instance de Cholet
Ct0104
Audience publique du 01/01/2999
N° de pourvoi:
Publié par le Service de documentation et d'études de la Cour de Cassation
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 No11-05-000387 JUGEMENT DU: 13/01/2006 PROCÉDURE DE RÉTABLISSEMENT PERSONNEL JUGEMENT D'OUVERTURE Loi du 1er août 2003 - Décret du 24 février 2004 A l'audience publique du Tribunal d'Instance de CHOLET, tenue le 13 Janvier 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 9 novembre 2005 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...
Y... 7 rue des Hortensias Maloya, 49122 LE MAY SUR EVRE, comparant en personne sous curatelle: UDAF - Mme Z... 4 avenue Patton BP 326, 49003 ANGERS CEDEX 01, comparant en personne CRÉANCIERS CRÉDIT MUTUEL D'ANJOU - A l'attention de M. A... 1 place Molière, BP 648, 49006 ANGERS CEDEX 01, non comparant S.C.P. BERNEISE & JOLY - Huissiers de justice 78 boulevard du Général Faidherbe, 49305 CHOLET, non comparant SATELLIS AURORE - Agence surendettement CEFI 20 allée Turcat Méry, 13417 MARSEILLE CEDEX 08, non comparant ASSEDIC DES PAYS DE LA LOIRE 1 rue de la Cale Crucy, 44179 NANTES CEDEX 4, non comparant FAITS ET PROCÉDURE Par déclaration en date du 22 juin 2005, monsieur Y...
X..., assisté de l'UDAF du Maine et Loire, son curateur, a saisi la commission d'examen des situations de surendettement de particuliers de CHOLET d'une nouvelle demande tendant au traitement de sa situation de surendettement. Monsieur X... avait en effet bénéficié, le 14 décembre 1999 d'un plan conventionnel prévoyant le remboursement de son passif sur une
période de10 ans. Lors de sa séance du 21 juillet 2005, la commission a déclaré cette demande recevable, et constatant l'impossibilité manifeste de mettre en oeuvre les mesures de traitement prévues par les articles L 331-6, L 331-7 et L 331-7-1 du code de la consommation, elle a décidé de saisir le juge de l'exécution aux...
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