Debt recovery on insolvent debtors requires a dynamic follow-up with the necessary information in time to correct the range whenever necessary. When this is not the case, the proceedings becomes an inescapable steam-roller.

What are the possible remedies at law in the framework of such proceedings ? The answer is here-under.

In the framework of these proceedings, it is possible to challenge :

. the composition agreement ,

. the decisions of the persons in charge of such proceedings,

. but also the persons in charge of these proceedings themselves.

-Action for its cancellation is possible at the initiative of a creditor, an assignee or by the court on its own motion (art. 139).

- Action for avoidance of the composition agreement is only possible by the Public Prosecutor Department (art. 140).

? Challenging the judgment opening the proceedings for the administration of the debtor's affairs under court supervision

Art.33.5 . The decision of the competent court shall be subject to appeal. The court of appeal that annuls or quashes the decision of the court of first instance may pronounce, as of right, legal redress (*) or liquidation of property.

? Challenging the judgment on the suspension of payments

Art.34.4. No petition to have the date of suspension of payments fixed on a date other than that fixed by the decision to initiate proceedings or by a latter decision shall be admissible after the expiration of the time for lodging appeal provided for under Article 88. The date of suspension of payments shall remain irrevocably fixed from this day.

? Overriding the receiver's refusal as to some measures to be taken

Art.52.4. Where the receiver refuses to lend assistance towards the performance of acts of administration or disposal to the debtor or the managers of a corporate body, the latter or the assignees may compel him to do so by decision of the official receiver given under the conditions laid down by Articles 40 and 43.

? Challenging the receiver's decisions as to the verification of claims

Art. 85.2. The creditor or the claimant shall have a period of fifteen days with effect from the date of receipt of the said notice within which to furnish his written or verbal explanations to the official receiver. After this period of time, he may no longer challenge the receiver's proposal. The said period shall be thirty days for creditors resident outside the national territory where the collective proceedings have been initiated.

Art. 85.3. However, tax, customs and labour claims may be disputed only under the conditions laid down in instruments applicable to them respectively.

? Challenging the statement of claims

Article 88 : Any claimant or creditor mentioned on the balance-sheet and whose security is duly published or whose claim was produced shall be admissible, during a period of fifteen days with effect from the date of publication in a newspaper empowered to publish legal notices or of receipt of the notice provided for in Article 87, to raise objections, by way of opposition lodged directly at the court registry or by an extrajudicial act addressed to the court registry, against the decision of the official receiver.

The debtor or any interested person shall have the same right under the same conditions.

The decision of the official receiver shall be irrevocable in respect of persons who have not lodge an objection.

Art. 90.3. Where the creditor fails to refer the matter to the competent court within a period of one month from the date of reception of the registrar's notice provided for in the last paragraph of Article 89, he shall be foreclosed and the official receiver's decision shall become irrevocable with respect to him.

? Challenging the judgment on the ratification of the composition agreement

Article 129 : The decision to ratify the composition shall be forwarded and published as provided for in Articles 36 and 37. The extract published in a newspaper empowered to publish legal notices shall indicate the name and address of the assignees of the composition or the receiver appointed as such. The composition may only be subject to appeal within a period of fifteen days and only by the representative of the Public Prosecutor's Department.

The decision dismissing the composition shall be forwarded and published as provided for in Articles 36 and 37. The composition may be appealed against within a period of fifteen days only by the representative of the Public Prosecutor's Department or the debtor.

? Challenging the official receiver's decisions : it is generally possible with an objection (art. 4O).

? Cannot be challenged whether it through an appeal or an objection, the rulings of the court on (art. 216) :

- the appointment or replacement of the official receiver, the receivers and the assignees,

- the actions against the official receiver's decisions except for those relating to the recovery of property and those mentioned in 162 and 164,

- the actions against a decision of the official receiver having approved or rejected lay-offs for economic reasons,

- the continuation of the debtor's undertaking activities, except if this is stopped by the vourt for serious reasons.

- Replacement of the official receiver possible by the court (art. 39 § 5 ).

- It is possible to request the dismissal or replacement of a receiver, or the addition of a receiver to the one in office (art. 40 and 41).

- The dismissal of an assignee is possible by the court but there is no detail in the Uniform Act as to the conditions in this matter (art. 48 § 5).