Proceedings / Effects of Registration

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Can judicial decisions opening insolvency proceedings be registered in the Land registry in accordance with your legislation?

If affirmative, what effects do these registrations produce?

Judicial decisions opening insolvency proceedings are not eligible for registration in the Belgian land registries.

Under 1997 Belgian bankruptcy act (section 38) those decisions have to be published in the Official Journal (Belgsch Staatsblad / Moniteur belge).

Under the same bankruptcy act (section 57) the insolvency practitioner (curator/curateur) has to see to it that a mortgage securing the rights of all creditors is registered on the immovable goods belonging to the bankrupt company/business.

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