Creditors holding a special lien, pledge, collateral security or mortgage and the Treasury for its preferential claims may, once they have declared their claims even if they have not yet been admitted, exercise their right of individual pursuit if the liquidator has not undertaken the liquidation of the encumbered assets within three months of the judgment opening or pronouncing the judicial liquidation.
Where the court has set a time limit pursuant to Article L. 642-2, these creditors may exercise their individual right of pursuit upon expiry of this time limit, if no offer including this asset has been made.
In the event of the sale of immovable property, the provisions of the first, third and fifth paragraphs of Article L. 642-18 shall apply. Where property seizure proceedings have been initiated prior to the opening judgment, the creditor holding a mortgage is exempted, upon resumption of individual proceedings, from the acts and formalities carried out prior to this judgment.