Judicial Tribunal rules on over-indebtedness case

The Judicial Tribunal of Draguignan in France has issued a ruling on an over-indebtedness case involving Madame B, following a previous judgment in 2026. The case centers on her financial situation and the measures proposed by an over-indebtedness commission in the Var region.

Madame B's over-indebtedness file

Madame B submitted her second over-indebtedness file on August 1, 2024, to the Var region’s over-indebtedness commission. The commission found her case admissible on August 28, 2024, and proposed a debt rescheduling plan over 84 months with no interest and a monthly repayment of 305 euros, including partial debt forgiveness at the end.

Ex-husband challenges the measures

Mr. P, Madame B's ex-husband, contested the proposed measures in December 2024 and January 2025. He argued that he alone paid off a shared debt of 98,484.14 euros from their former marital home and requested that Madame B pay him 682 euros monthly, plus a 3,000 euro claim under a specific legal provision.

Madame B disputes the claims

Madame B argues that the debt forgiveness she previously received only applied to the bank’s claim and not to Mr. P’s. She also plans to challenge the validity of his claim, citing her past personal rehabilitation and judicial liquidation, which led to the cancellation of her main bank debt.

Judge reviews legal requirements

The Over-indebtedness Judge examined the legal basis of the claims and reviewed relevant consumer code provisions. The Judge emphasized that the debtor’s declaration of debts upon submitting the over-indebtedness file does not constitute an explicit acknowledgment of the debts.

Repayment capacity assessed

The Judge evaluated Madame B’s repayment capacity and noted that her actual ability to repay debts is only 229.46 euros per month, based on her income and expenses. This amount must be used to pay her creditors, making a personal rehabilitation measure inappropriate.

Modified debt measures ordered

The Judge decided to adjust the initial measures, deferring and rescheduling debt payments over 43 months. A zero percent interest rate was applied to prevent further financial strain on Madame B, ensuring her situation can be managed without worsening her debt.