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Any creditor who holds an order in opposition to a debtor could seize the debtor’s property.
The attachment of movable property permits the creditor to promote movable property belonging to the debtor (whether or not a person or a authorized entity) by public public sale so as to repay the mass of collectors. Nonetheless, attachment doesn’t give the attachment creditor a preferential proper to the sale value of connected property.
The bailiff could connect all movable property belonging to the debtor (however for sure “protected” gadgets listed beneath article 1408 of the Judicial Code). Nonetheless, at each stage of the process, the debtor could subject fee proposals to the bailiff or to his creditor.
If no answer is discovered, the bailiff units an public sale date. He then proceeds to the elimination of all connected movable property, discovered on the debtor’s deal with (house, registered workplace or administrative center).
If the public sale is ultimately cancelled or postponed following a fee proposal from the debtor, the movable property stay connected. In such an occasion, in no way is the debtor allowed to eliminate theses property with out prior consent of the attachment creditor. On this method, the debtor can not take away the safety, granted to him by the attachment, on the subject of the restoration of his debt . The foregoing prevails, even when a fee plan is in pressure and being revered by the debtor. Any breach shall be deemed to represent a felony offence.
Article 507, paragraph 1, of the Belgian Felony Code protects the creditor in opposition to the destruction or misappropriation of connected movable property, but additionally in opposition to the destruction or misappropriation of elements of a foreclosed constructing, insofar as these elements might be indifferent or eliminated. On this respect, Belgian case legislation states that the annulment of an attachment primarily based on a procedural flaw has no bearing on the existence of the offence referred to beneath article 507 of the Belgian Felony Code.
For additional data on the matter of attachments, foreclosures, garnishments of any form, please be at liberty to contact Virginie SCHOONHEYT.
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