Lex Cameroon

Acte uniforme portant organisation des procédures collectives d'apurement du passif › Title 0 › Chapter 4 › Section 2

SECTION 83

Where a claim has not been produced within the time limit provided for in Articles 78 and 79 above, defaulter may only be allowed to produce it on the basis of a reasoned ruling of the Judge Administrator delivered after the list of claims has been drawn up and deposited under the terms laid down in Art 86 below. The defaulter shall also prove that the failure to produce his claim in time cannot be attributed to him. In the case of receivership proceedings, foreclosure shall mean extinction of the claims, unless there is a best estate reversion clause and subject to any discounts granted by the composition agreement. Until the meeting of the composition the failure to produce claim may not be pleaded against a preferential wage creditor. Where the competent court releases a claim and the defaulting claimant from foreclosure, mention thereof shall be made by the court registrar on the list of claims. Costs of proceedings relating to the release from foreclosure shall be borne fully by the claimant, except where he is a preferential wage creditor. The defaulting creditor whose claim is released from foreclosure may not rank equally with other creditors except for the sharing of dividends due after his request.
Official translation Spot-checked In force from 10 April 1998 Source page 32

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Texte français

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Section 83 of the Acte uniforme portant organisation des procédures collectives d'apurement du passif /akn/ohada/act/loi/undated/aupcap-1998
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