At the hearing where the court decides whether to confirm a reorganisation plan, who may put an opinion to the court?
General information · Not legal advice
Material to check
In the practice file for this exercise we read the minutes of the creditors' meeting showing that the plan was passed, the court's decision fixing the hearing on confirmation, and any paper recording who appeared and in what capacity, such as a proxy's authority or a letter from a supervising administrative agency.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading limits those who may speak to the categories the provision names: at the hearing the court sets on the plan's confirmation, an opinion may be stated by the persons the provision names by reference to the paragraph it cross-refers to, and by the administrative agency supervising the debtor's business, the Minister of Justice and the Financial Services Commission.
Another reading stresses that the provision grants a right to 'state an opinion' and says nothing about who else may be heard or how the court must weigh what is said, so a person outside the named categories has no right of speech on the text of this provision, and the weight given even to a named speaker is left open.
Your judgment
If someone outside the named categories attends the hearing and asks to be heard, what in the file would show that their capacity falls within the first item?
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 add or remove the categories of persons who may state an opinion, or if a court decision addresses whether a person outside those categories may be heard at the hearing on confirmation.