Belgian commercial Law - judicial reorganisation

3 important questions on Belgian commercial Law - judicial reorganisation

Are secured and unsecured creditors treated the same way in a company reorganisation?

No, but creditors of the same category must be treated the same

unsecured may wait 5 years for their payments while secured may wait just 2 years

When is a reorganisation plan approved? (2)

  • When majority of the creditors approve
  • when the majority of the value of the claims approves

What if the company fails in the reorganisation plan?

The creditors may ask the court to revoke the sanction of the reorganisation plan and claim their debts

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