Course programme
Proceeds Distribution
Learning Objectives
Upon completion of this course, participants will be able to:
- Determine whether a single-creditor distribution or a multi-creditor distribution is required
- Draft the documents necessary for the release of funds
- Conduct a consensual distribution from start to finish
- Respond effectively to challenges or procedural difficulties
Module 1 – Single-Creditor Distribution
- Electing single-creditor distribution: conditions and preliminary verifications
- Consignment of the adjudication price and role of the escrow agent (CARPA)
- Release of funds: formalities, time limits, sanctions
Module 2 – Multi-Creditor Distribution
- Preliminary analysis and requests for updated claim amounts
- Composition of the distributable proceeds
- Ranking of claims: statutory liens, mortgages, unsecured creditors
- Drafting the distribution proposal
- Notification to creditors and the debtor
- Challenging the proposal: time limits, formalities, effects
- Judicial approval by the enforcement judge
Practical workshop: drafting a distribution proposal based on a case study.
Module 3 – Procedural Complications
- Challenging the distribution proposal: procedure, time limits, competent court
- Refusal of judicial approval
- Errors in an approved distribution: available remedies
- Judicial distribution: circumstances triggering referral, procedure, judgment
