Without prejudice to the exercise of an eventual possessory lien or the exclusive right to payment, the proceeds obtained from the sale of personal property shall be distributed in the following order:
1) To creditors owed statutory costs incurred in the realization of the personal property sold and in the distribution itself of the proceeds;
2) To creditors who bore the cost of preserving the debtor’s property in the interest of creditors with older debts;
3) To creditors of super privileged wages;
4) To creditors secured by a general privilege subject to publicity, a pledge, or security each one of them depending on the date it became binding on third parties;
5) To creditors with a special privilege each depending on the movable property concerned; in the event of a conflict between the debts covered by a special privilege on one and the same property, preference shall be given to the first distrainor;
6) To creditors with a general privilege which is not subject to publicity in accordance to the order established by article 180 of this Uniform Act;
7) To the unsecured creditors with a writ of execution issued in their favour when they intervened by way of attachment proceedings or objected to the distribution procedure.
Where the funds to pay the creditors of the same rank mentioned in 1, 2, 3, 6 and 7 of this article are inadequate, the funds shall be distributed in proportion to their total debts and on a pro-rata basis.
Official translation
Transcription: Spot-checked
In force from 16-05-2011
Source page 52
The document's transcription was spot-checked against the supplied source; this does not confirm a line-by-line review of every provision.
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