Whose silence during the investigation period or at the special investigation date fixes the claims, and what exactly is fixed?
General information · Not legal advice
Material to check
For this exercise, the papers to read are the register of filed rehabilitation claims and secured rehabilitation claims with the date each was filed, the manager's list where no claim was filed, and any objection lodged in the investigation period or at the special investigation date by the manager, a rehabilitation creditor, a secured rehabilitation creditor, a shareholder or an equity holder.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading holds that where none of the manager, rehabilitation creditors, rehabilitation secured creditors, shareholders or equity holders objects within the investigation period or at the special investigation date, the content and voting rights of the rights listed in the claim filings are fixed, and priority is confirmed for priority claims.
Another reading points to the second item, which supplies the manager's filed list where no rehabilitation claim or secured rehabilitation claim was filed at all, so the provision reaches the manager's list itself in that case, not only claims a creditor put forward.
Your judgment
If a rehabilitation claim was filed but its voting-rights amount is disputed only after the deadline, what in the file shows the amount was fixed?
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 who may object or when an objection may be lodged, or if a court decision explains what fixing a claim forecloses later.