In writing only: email and e-filing

KSTGeneral information, not legal advice
Synthetic · simulationNot a real case

When a rehabilitation plan proposal is submitted, must the court hold a hearing date and convene a meeting of interested parties to deliberate on it?

General information · Not legal advice

Material to check

The practice file holds the submitted rehabilitation plan proposal with the date the court received it, the court's notice setting a hearing date and convening the meeting, and any paper showing that the proposal was instead put to a written resolution.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading takes the duty as written: once a rehabilitation plan proposal has been submitted, the court shall set a hearing date and convene a meeting of interested parties in order to deliberate on that proposal, so the convening follows automatically from the submission.

Another reading turns on the proviso: where the proposal is instead put to a written resolution under the provision the provision cross-refers to, the court owes no such duty to convene the meeting, so the file must show whether the written-resolution route was taken and by whose decision.

Your judgment

If the file shows a submitted proposal but no meeting notice, could the papers indicate that the proposal was put to a written resolution instead?

PRO SE does not make this decision or keep a case record on this public site.

When to reconsider

We revisit this card if the provision is amended to change when a meeting must be convened or the exception for written resolution, or if a court decision explains what counts as putting a proposal to a written resolution.

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