Whose rights must a rehabilitation plan spell out, and what must the plan say about each of those rights?
General information · Not legal advice
Material to check
In practice material of this kind, we read the rehabilitation plan together with the list of rehabilitation claimants, secured rehabilitation claimants, shareholders and equity holders that the case file records, and with any schedule marking which of those rights the plan leaves untouched, since the provision turns on whose rights are changed and whose are not.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision at its word: where a rehabilitation plan alters the rights of a rehabilitation claimant, secured rehabilitation claimant, shareholder or equity holder, the plan must state the altered right itself and set out the content of that right after the alteration, so a bare reference to a category without the post-plan terms would not satisfy it.
Another reading turns on the provision covering holders whose rights are not touched by the plan at all: even where a holder's right 'is not affected by the rehabilitation plan', the plan must still specify that holder's rights, and the provision leaves open how fully an unaffected right has to be described compared with a changed one.
Your judgment
When a holder's position sits on the line between being changed by the plan and being left untouched, what in the plan's terms would show which side it falls on?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change which holders it covers or what the plan must state, or if a decision on rehabilitation plans explains when a right counts as affected.