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Part 5 · Satisfaction of insolvency creditors. Discontinuation of proceedings  ›  Division 1 · Determination of claims › Section 184

Action to enforce claim contested by debtor

(1) If the debtor contested a claim during the verification meeting or in written proceedings (section 177), the creditor may bring an action against the debtor in order to determine such claim. If an action concerning such claim was pending on the date when the insolvency proceedings were opened, the creditor may continue such action against the debtor.

(2) If an executable deed or a final judgment exists for such a claim, the debtor is obliged to pursue the claim within a period of one month beginning on the date of the verification meeting or, in written proceedings, when the claim is contested. After the ineffectual lapse of time, an objection is deemed not to have been raised. The insolvency court provides the debtor and the creditor whose claim was contested with a certified excerpt of the schedule and indicates to the debtor the consequences of failing to meet a deadline. The debtor is required to provide proof to the court that the claim has been pursued.

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