Where authorized by the receiver, the trustee may, when reimbursing the debt, withdraw for the benefit of the union, the pledge, collateral security or contractual retention charge formed on a debtor's asset.
P. 93 of 139 Where,withinthree (3) months following the assets liquidation judgment, the trustee has not withdrawn the pledge or collateral security or initiated the sale of the pledge or collateral security, the pledgee or secured creditor may exercise or recover his right to individual lawsuit and shall report to the trustee thereon.
The Public Treasury, customs services and security and social insurance agencies shall have the same right to recover their preferential claims, which they shall exercise under the same conditions as the pledgees and secured creditors.
Paragraph 1: Common provisions for the sale of immovable assets
Unofficial translation
Transcription: Spot-checked
In force from 24-12-2015
Source page 92
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 149 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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