Whose rights under the rehabilitation plan are recognised, and does the plan benefit a creditor whose claim has been filed but not confirmed?
General information · Not legal advice
Material to check
The exercise file to read here is the rehabilitation plan itself, for the rights it lays down for each class of creditor, the record showing whether each filed claim was confirmed or disallowed, and the security documents behind any claim asserted as a rehabilitation security right.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the word 'only' at full strength: the rights fixed by the rehabilitation plan are recognised for a person only where that person holds a confirmed rehabilitation claim or a confirmed rehabilitation security right, so a claim that was filed but never confirmed does not yet carry rights under the plan.
Another reading notes what this provision does not reach: it says whose plan rights are recognised, not when confirmation takes effect and not whether a person outside that group keeps any claim under other provisions, so the file has to show the confirmation itself rather than the filing.
Your judgment
Where a claim was filed but the file does not record its confirmation, what document would show whether it became a confirmed rehabilitation claim before the plan's rights took hold?
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 extend or narrow which holders' rights are recognised, or if a court decision decides how a claimant stands whose confirmation was still pending when the plan took effect.