Definition Set check unsecured
Where several creditors must share the proceeds from the sale of property that belonged to their common debtor and This amount is not in an amount sufficient to pay them all, it opens a procedure called "distribution" which takes place at the initiative of the Chief Registrar of the court. The creditors have a lien or security, for example, the Treasury for payment of taxes remained unpaid, or employees for their wages and salary benefits or the landlord for rent and who are called "preferred creditors "They are repaid before the others, and in the order fixed by law.
For others, those whom the law does not confer privilege, they are called creditors 'unsecured'. If after settlement preferential claims, there remains a balance, they are paid "marc-le-Franc", which means they receive a "dividend" which is calculated as the ratio between the amount of the claim of each and the total amount of the remaining amount to distribute.
Texts
Act No. 85-98 of 25 Jan. 1985 art. 162, et seq
Commercial Code, Art. L643-8, L651-2.
Decree 2006-936 of 27 July 2006 on procedures for foreclosure and distribution of the price of a building.
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