The suspension of individual lawsuits shall also apply to both enforcement proceedings and precautionary measures, including any measure of extrajudicial execution.
It shall apply to all unsecured claims and those guaranteed by a general lien, a special personal property lien, a pledge, collateral security or mortgage, with the exception of claims on wages and maintenance.
It shall not apply to actions for recognition of disputed rights or claims, or to legal actions against the signatories of bills of exchange other than the beneficiary of the suspension of individual lawsuits.
Individuals who are joint debtors or have consented to a personal security, or have assigned a transferred a property as collateral security, may be entitled to have the provisions of this Article apply to them.
Deadlines allotted to creditors under penalty of forfeiture, limitation or cancellation of their rights shall be stayed for the duration of the current procedure.
When the preventive settlement winds-up under the conditions of Article 9-1 hereinafter and, in any case, at the expiry of the time limits referred to in the first paragraph of this Article, the suspension of individual lawsuits shall cease automatically, without prejudice to the application of Article 14 hereinafter.
Unofficial translation
Transcription: Spot-checked
In force from 24-12-2015
Source page 27
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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Section 14 of the Acte uniforme portant organisation des procédures collectives d'apurement du passif/akn/ohada/act/loi/2015-09-10/aupcap-2015
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