Article 635 — Request for the Opening of Reorganization

1/ The Court may open reorganization proceedings: a) at the request of the debtor, where he is not in cessation of payments or has been in cessation of payments for less than forty-five days, provided that he is facing financial difficulties that he is unable to overcome; b) at the request of a creditor or the public prosecutor, where the debtor is in cessation of payments and no preventive restructuring proceedings is pending; c) in case of the application by a creditor or the public prosecutor to open bankruptcy proceedings, at the request of the debtor where he can prove that he has been in state of cessation of payments for less than forty-five days. 2/ At the request of a creditor, the public prosecutor or acting ex officio, the Court shall not open reorganization proceedings for the benefit of dishonest debtors who have, in particular, fraudulently concealed part of their assets, fraudulently omitted certain creditors, increased their liabilities without any cause or committed any other fraudulent acts.