M. Duthion, a professional in antique furniture restoration, faces financial difficulties due to divorce and debt obligations.
Extract
[...] Duthion was liable. M. Duthion is currently facing certain financial difficulties. He has not paid his professional rents for nearly a year and has also failed to repay his loan. He consults you in order to take stock of the risks concerning his assets. - Answer: M. Duthion, a professional in the restoration of antique furniture, finds himself in a complex financial situation. He has taken several decisions related to his assets, including a declaration of insolvency, a commercial lease, a bank loan with waiver of insolvency, a compensatory payment to be made to his ex-spouse, and a claim ceded to his bank. [...]
[...] Financial difficulties: impacts on the estate M. Duthion exercises an activity of restoration of antique furniture. On 10 March 2015, he had his notary publish a declaration of insolvency in the land register, targeting his main residence. On 8 July 2015, he deposited the declaration with the trade register. On 15 April 2015, our craftsman found a premises to exercise his activity and concluded a commercial lease for a period of nine years. On 15 June 2015, M. Duthion decided to borrow 50,000 euros from his bank - the Louloute bank - in order to finance certain investments, the loan to be repaid over a period of ten years. [...]
[...] - Commercial Loan: The non-payment of professional rents by M. Duthion constitutes a breach of his obligations in accordance with Article L145-41 of the Commercial Code. The owner of the commercial premises may initiate a procedure for termination of the lease in accordance with Article L145-29 of the Commercial Code. M. Duthion should take measures to regularize the delayed payments and negotiate an agreement with the owner to avoid termination of the lease, in accordance with Article L145-41-2 of the Commercial Code. [...]
[...] - Debt assigned to the bank: The assignment of the 30,000 euro debt to the Louloute bank is governed by Article 1689 of the Civil Code. The bank may demand payment of this debt in accordance with Article 1690 of the Civil Code. M. Duthion should examine the terms of the debt and negotiate with the bank to establish a repayment plan or debt reduction plan. He should examine the debt assigned to the bank Louloute and negotiate with the bank to establish a repayment plan or debt reduction plan in accordance with Article 1690 of the Civil Code. [...]
