The decision to initiate reorganization or assets liquidation proceedings shall stay or prohibit individual lawsuits from all creditors who are part of the body that may:
1. order the debtor to pay sums of money;
2. Terminate the contract due to a failure to pay a sum of money.
P. 61 of 139 The opening decision shall stop or prohibit any procedure execution from these creditors either on movable or immovable property as well as any procedure of distribution having not produced a distributive impact before the decision to open the reorganization.
Deadlines to creditors under penalty of forfeiture, limitation or termination of their rights shall, therefore, be stayed for the duration of the suspension of the lawsuits.
The current lawsuits shall be interrupted until the pursuing creditor has filed his claim. They shall then be recorded automatically, but shall only determine the claims and fix their amount with the trustee being duly called upon.
Legal actions and enforcement proceedings other than those mentioned above may not be exercised or prosecuted during the reorganization and assets liquidation proceedings against the debtor, who shall be assisted by the trustee in reorganization or represented by the trustee in assets liquidation.
Unofficial translation
Transcription: Spot-checked
In force from 24-12-2015
Source page 60
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 75 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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