The official deadline for the implementation of the Directive (EU) 2019/1023 on restructuring and insolvency was scheduled for 17 July 2021. Like many other Member States, Belgium availed itself of the possibility foreseen in the Directive to benefit from an extension of the implementation period by a maximum of one year. The Directive introduces the obligation to separate creditors into different classes for the purpose of voting on restructuring plans in order to prevent vulnerable creditors from being treated unfairly in business restructurings. Such class formation for the approval of a restructuring plan is unprecedented in Belgian insolvency law and could completely upset the bargaining dynamics between stakeholders in Belgian restructurings.
In his article “The impact of the EU Restrucuring Directive on the Belgian collective plan: “To class or not to class?” – that’s the question for the Belgian legislator” (available here), guest blogger Jente Dengler discusses the potential impact of the Directive’s voting model on the Belgian restructuring practice.
A summary of the full article published in INSOL International’s Collection of Short Papers can be found below: