By Raphaël MORENON
The 27 March 2025
Over-indebtedness affects many people in France. This critical financial situation requires appropriate legal solutions. In 2023, more than 120,000 cases were submitted to over-indebtedness commissions. Each case reveals a complex reality, combining economic difficulties with a demanding and constantly evolving legal framework. What is over-indebtedness? The law defines the concept precisely. Article L711-1 of the French Consumer Code defines over-indebtedness as «the manifest impossibility for a debtor acting in good faith to pay all his non-business debts that are due and payable«. This legal definition covers various situations: Accumulation of consumer credit Inability to repay a mortgage Current unpaid expenses (rent, bills) Tax debts A study of the document Surendettement.pdf shows that the legislator distinguishes between active over-indebtedness (multiple loans) and passive over-indebtedness (following an unforeseen event: unemployment, divorce, illness). The conditions for qualifying for...