CC 3087 - Procedure to obtain forced respite. - Louisiana Statutes

Art. 3087. Procedure to obtain forced respite.

But in order that a respite may produce that effect, it is necessary:

1. That the debtor should deposit in the office of the clerk of the court of his domicile, to whom he presents his petition for calling his creditors, a true and exact* schedule, sworn to by him, of all his movable and immovable property as well as his debts.

2. That a meeting of the creditors of such debtor, domiciliated in the State, shall be called on a certain day at the office of a notary public,** by order of the judge, at which meeting the creditors shall be summoned to attend by process issued from the court, if the creditors live within the parish where the meeting shall take place, or by letters addressed to them by the notary, if they are not residing in the parish.

3. That the creditors be ordered to attend in ten days, if they are all living in the parish of the judge who gives the order, and in thirty days, if there are some of them residing out of the parish.

4. That this meeting, as well as its object, be advertised by papers posted up in the usual places, and also by three publications in a newspaper, if any be printed within the extent of the jurisdiction of the judge who grants the order.

5. That the creditors explain exactly the amount of the sums which they claim, and make oath before the notary holding the meeting, that they are justly and lawfully due.

The creditors who do not make this oath shall not have the right of voting, and their credits shall not be counted among those by which it is to be determined whether the respite is granted or not.

*Note error in English translation of French text; "true and exact" should be "exact, true and detailed."

**English translation of French text incomplete; should include "named for that purpose."