How is a non-interest-bearing claim valued when its maturity falls after the rehabilitation proceedings have begun?
General information · Not legal advice
Material to check
In the practice file we read the ruling opening the rehabilitation proceedings, which fixes the starting point for the calculation, and the claim certificate or list of filed claims, which shows the maturity date and the principal. Both are needed because the calculation turns on the distance between those two dates.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows the provision's own steps: where the maturity comes after the proceedings begin, interest is computed at the statutory rate from the opening of the proceedings to maturity, sized so that interest plus principal equals the claim amount at maturity, and that interest is then deducted from the claim amount to give the figure carried into the proceedings.
Another reading stresses the condition on which the whole rule hangs, namely that the maturity must fall after the proceedings open, so a non-interest-bearing claim that falls due before that point is not addressed by this provision at all, and the text says nothing about how the statutory rate is to be identified in the calculation.
Your judgment
If the maturity date on the claim certificate differs from the date the debtor's records show, what in the file fixes the date the period is measured to?
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 the starting event or the rate applied in the calculation, or if a new record shows a maturity date earlier than the one on the filed claim.