When a bankrupt person is placed under sequestration, do holders of deferred debts participate in the distribution of existing assets with holders of immediate debts?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
Upon sequestration of the bankrupt, the established view is that holders of deferred debts do not share in the distribution of existing assets with the holders of immediate debts. The existing assets are divided only among the holders of immediate debts, and the deferred debts remain attached to the debtor's liability until their maturity date. If the distribution has not yet occurred when the deferred debt matures, then the holder participates with the other creditors, analogous to a new debt incurred by the bankrupt through a tort. If some asset is recovered before division, the holder of the deferred debt participates with their entire claim, and the other creditors participate with the remainder of their claims. If the opinion is adopted that the debt matures upon bankruptcy, then the holder participates with all creditors, as in the case of immediate debts.
Supporting text
If the opinion is adopted that the debt matures upon bankruptcy, then the deferred creditor participates with all creditors as if their debt were immediately due.