Change in the reorganization plan. Calculation of the amount of debts participating in the vote. Capacity to pursue the proceedings in filing appeal against a decision under which an action for annulment of the resolution of the meeting of creditors wa

DREPTUL AFACERILOR

Abstract

When voting the change of the reorganization plan, the debts established under the payment program of the reorganization plan should be taken into account, discounted depending on the payments made according to the plan at the time of the vote, and not the debts comprised in the final table, discounted depending on the payments made according to the reorganization plan. Only in cases where bankruptcy is ordered, the situation established under the final table of all debts against the debtor is restored, from which the amounts paid during the reorganization plan shall be deducted. If the annulment of a resolution of the meeting of creditors is requested, art. 48 para. (8) of Law no. 85/2014 expressly sets forth the persons who have locus standi, respectively the official receiver/judicial liquidator and creditors. Therefore, the special insolvency administrator does not have any locus standi within some disputes having such an object, since it does not fall under any of the previously mentioned categories and, consequently, neither its locus standi to file appeal against the judgment by which the challenge against a resolution of the meeting of creditors has been settled.