Where creditors do not file their claims within the period set forth in articles 78 and 79 above and
were not released from their foreclosure, they shall not be included in the distributions and
dividends. Their claims shall not be enforceable to the union and the debtor during the
reorganization or assets liquidation proceedings, including during the execution of the judicial
composition.
Defaulting creditors may only be released from foreclosure by a reasoned decision of the
receiver insofar as the claims status has not been determined and lodged under the conditions set
forth in article 86 hereinafter and only if they are not responsible for the default.
The release from foreclosure shall be formed only by a petition addressed to the receiver.
Where the receiver releases the defaulting claimants from foreclosure, the court registrar shall
check it in the statement of receivables. Costs of proceedings related to the release from
foreclosure shall fully be borne bythe claimants.
The defaulting creditors released from foreclosure may rank equally with other creditors only for
the sharing of subsequent dividends to the decision on foreclosure release.
Unofficial translation
Spot-checked
In force from 10 September 2015
Source page 63