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