Curtea de Apel Timișoara, Secția a II-a civilă, Decizia nr. 121 din 1 martie 2018 (Studiu de Caz)
Timisoara Court of Appeal, Decision no. 121 dated 1.03.2018 (Case Law Study)

Summary/Abstract: The summary case discusses the conditions under which the court may modify the debtor's reorganization plan, given that according to the new Insolvency Law, on the one hand, voting the modification by the creditors' meeting will be done with the remaining debts, on the date of the vote, under the same conditions as when voting the reorganization plan, as opposed to the old regulation, which provided that the modification of the reorganization plan can be done at any time during the procedure, in compliance with the voting and confirmation conditions provided by Law no. 85/2006; on the other hand, between the two Laws no. 85, from 2006, respectively from 2014, there is a difference of regulation also regarding the calculation of the total value of the receivables with voting right on the debtor's assets.

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