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Structural division: books › SECTION FIVE
Article 744 — Continuation of Operation of the Debtor’s Business
New Ethiopian Commercial Code Proclamation No. 1243 2021 English Version
Article text
1/ Subject to Sub-Article
(2) of this Article, the judgment opening bankruptcy proceedings shall put an end to the business activity of the debtor.
2/ The trustee in bankruptcy may continue operating the business where authorized by the court after a report from the supervisory judge and a recommendation of the creditors' committee; such an authorization shall only be given where it is in the creditors' or public interest to maximize the value of the estate, in particular in order to prepare for the sale of the business as a going concern pursuant to Articles 747 to 750 of this Code; the court may order continuation of business for a maximum period of sixty days, which may be renewed only once for the same duration.
3/ Instead of operating the business himself, the trustee in bankruptcy may be authorized by the supervisory judge to:
a) appoint a receiver to carry on the business. The receiver shall have the necessary powers to carry on the business; or
b) be assisted in the recovery by some employees of the debtor.
4/ Where the business continues to operate, post- insolvency creditors are entitled to be paid in accordance with contractual provisions; Where any such post-insolvency claims have not been paid, they shall have priority over unsecured creditors but shall rank below new financing granted in the framework of reorganization or preventive restructuring proceedings in accordance with Article 786 of this Code.