Information on the decision of admissibility

If the Debt Relief Commission considers the request for debt relief to be admissible, it shall inform the following persons by registered letter with acknowledgement of receipt:

• Claimant
• Creditors
• Institutions managing the applicant's accounts (bank...)

If necessary, the decision of admissibility shall also be notified to the Caf: titleContent or to the MSA: titleContent.

Immediate effects of the admissibility of the case

The Debt Relief Commission examines the file in order to direct it towards the most appropriate procedure for dealing with debt distress (conventional recovery plan, imposed measures or personal recovery).

The decision of admissibility shall have the following effects:

• Certain execution procedures (entries...) are automatically suspended until the processing procedure is in place, and for a maximum of 2 years.
• Banks are prohibited from unbridled overdraft repayments, charges on over-indebted accounts when direct debits are rejected, and debt overhangs are not allowed to be paid
• For all the debts taken into account by the over-indebtedness commission, the decision on the admissibility of the file shall set the interest and penalties for late payment
• If the over-indebted person is a beneficiary of housing aid (APL: titleContent, ALF: titleContent, SLA: titleContent), their payment is reinstated. However, the LPA is paid directly to the owner (lessor).

Actions that may be taken as soon as the case is admissible

Apply to be received by the debt relief commission

The over-indebted person may ask the commission to be received. He will be summoned by simple letter at least 15 days before the meeting. To do so, he must make his request by post, to be handed over to the secretariat of the committee, or to send by simple letter to the following address:

Request the temporary suspension of the deportation

It is possible to ask the judge of the court of justice to temporarily suspend the expulsion. For this to happen, the debt overhang is a tenant and his eviction from the house has been ordered.

Request termination of internet or telephone subscription without paying penalties

Over-indebted persons can request early termination of their Internet or telephone subscription contract (fixed or mobile), without having to pay compensation, even if the contract contains a commitment period.

The only condition: the over-indebted must have subscribed at least 3 months before the date of its attestation of submission of a file of over-indebtedness.

In order to obtain the cancelation, the over-indebted party must send its request for cancelation and a copy of the decision of admissibility of its over-indebtedness file to the access provider, by email or by post. It is recommended that you also provide a copy of your ID card and a copy of your debt distress report, as the ISP can request these documents.

The ISP has 10 days to terminate the subscription, after receiving all of these documents.

If the Debt Relief Commission declares the application inadmissible, it shall inform only the person who has lodged the debt relief file.

The notification state the reasons for that decision. It is sent to the person who filed the debt distress report by registered letter with acknowledgement of receipt.

The decision of admissibility may be challenged within 15 days who follow his notification.

To do that, you have to make a statement signed, and include the following information:

• Name, forenames and address of the person challenging the decision
• Admissibility decision concerned
• Grounds for the challenge

The signed declaration must be submitted to the secretariat of the Debt Relief Commission or sent by registered letter with acknowledgement of receipt to the following address:

The protection litigation judge of the place where the over-indebted person resides, shall decide definitively on the demand for the over-indebted person.

• If it declares it admissible, the debt relief commission will continue to examine the debt relief dossier.
• If he declares it inadmissible, the procedure ends.

The rejection decision may be challenged within 15 days who follow his notification.

To do so, a signed declaration must be submitted, indicating the following:

• Name, forenames and address of the person challenging the decision
• Admissibility decision concerned
• Grounds for the challenge

You can use the following document template:

Letter to appeal against rejection of a debt distress case

The declaration must be submitted to the secretariat of the Debt Relief Commission or sent by registered letter with acknowledgement of receipt to the following address:

The judge of the court of justice of the place where the over-indebted person resides shall give a final decision on the application for the over-indebted person:

• If it declares it admissible, the Debt Overhang Committee shall re-examine the debt overhang case.
• If he declares it inadmissible, the procedure ends.