The lessor has priority for the last twelve (12) months of rents accrued before the opening of the bankruptcy proceedings as well as for the twelve (12) months due or accruing subsequent to such decision.
If the lease is terminated, the lessor shall also have priority for damages and occupation allowance, which may be allocated to him; he may request the payment as soon as the decision to terminate is pronounced. Furthermore, he is the union’s creditor for accrued rents and damages or compensation awarded following the opening decision.
If the lease is not terminated, the lessor shall not claim payment of accruing rents. He is the union’s creditor for accrued rents after the opening of the procedure as they fall due, only if the securities he enjoyed before the decision to open the proceedings are maintained and they retain the same threshold or if securities granted since the opening decision are considered sufficient.
In addition, the receiver may authorize the trustee to sell the furniture that is inside the rented premises if they are facing imminent depreciation or if they are too expensive to maintain. The same shall apply to furniture for which sale shall not call into question the existence of the Fund or the maintenance of sufficient collateralsecurities for the lessor.
P. 69 of 139 Absent such authorization, if the lease is not terminated and furniture inside the rented premises is sold or removed, the lien of the lessor shall collateral security the same claims and shall be exercised in the same way as in the case of termination; the lessor may, in addition, request the termination of the lease that is legally binding.
If conflict arises between the lien of the lessor and the privilege of the seller of business assets, the privilege of the latter shall prevail.
Unofficial translation
Transcription: Spot-checked
In force from 24-12-2015
Source page 68
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 98 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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