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Part 6 · Insolvency plan  ›  Division 3 · Effects of approved plan. Monitoring implementation of plan › Section 254

General effects of plan

(1) As soon as the order approving the insolvency plan becomes final its effects under the constructive part become binding on all the parties to the proceedings.

(2) With the exception of the rights resulting from intra-group third-party guarantees (section 217 (2)) regulated under section 223a, the plan leaves unaffected the rights entitling the insolvency creditors against the debtor’s co-obligors and guarantors as well as the rights of such creditors to objects not forming part of the insolvency estate or deriving from a priority notice covering such objects. However, debtors are discharged, by means of the plan, of their co-obligor’s, guarantor’s or any other redressing party’s claims against them in the same way as debtors are discharged of the claims of the insolvency creditors.

(3) Creditors who have received better satisfaction than warranted under the plan are not held liable to restitution.

(4) If creditor’s claims are converted into share or membership rights in the debtor, the debtor may, following approval by the court, assert no claims against the previous creditors on account of the overvaluation of claims in the plan.

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