Filing a reorganisation plan
Last update
The law of 7 August 2023 on the preservation of businesses gives you the right to request the opening of a judicial reorganisation procedure to:
- obtain a stay of proceedings to enable you to reach an amicable agreement with your creditors;
- obtain the collective agreement of your creditors to a reorganisation plan; or
- allow the transfer by court order, to one or more third parties, of all or part of your assets or activities.
If you require the creditors' agreement to a reorganisation plan, that plan must be filed with the court clerk of the territorially competent district court, which has jurisdiction in commercial matters. You can file your plan online via MyGuichet.lu.
Who is concerned
Debtors who apply for the opening of judicial reorganisation proceedings for the purpose of obtaining the agreement of their creditors on a reorganisation plan (judicial reorganisation by collective agreement).
The debtor can be:
- an individual retailer;
- a commercial company;
- an artisan; or
- a civil company.
Prerequisites
If the conditions set out in the law of 7 August 2023 are met, the court will issue a ruling declaring the reorganisation procedure open. The opening judgment sets:
- the duration of the stay;
- a date for the hearing during which a vote will be taken on the reorganisation plan, in the event of judicial reorganisation proceedings with a view to obtain the creditors' agreement on the plan.
You will be notified of this judgment by the court clerk.
Upon receiving the judgment, you, as the debtor, must draw up the reorganisation plan. This plan consists of a descriptive section (identity of the debtor, economic situation, claims concerned, etc.). and a prescriptive part (measures to repay creditors and duration of the proposed measures).
You can ask the court to appoint a judicial representative, who can help you draw up the reorganisation plan.
Deadlines
You must file the reorganisation plan with the court clerk at least 20 days before the date of the hearing set to vote on the plan and rule on its approval.
How to proceed
Filing a reorganisation plan
You can file the reorganisation plan:
- directly with the court clerk of the district court that issued the judgment initiating the judicial reorganisation proceedings; or
- by post; or
- online via MyGuichet.lu.
The online procedure does not require authentication, i.e. you do not need to have a LuxTrust product or an electronic identity card (eID) to carry out the procedure.
When you complete the procedure online, you must fill in the information requested by the online assistant and send the reorganisation plan you have drawn up as an attachment.
Next steps in the procedure
Once filed with the court clerk, the reorganisation plan you have drawn up is sent to the creditors and submitted to their vote.
Depending on the outcome of this vote, the court decides whether or not to approve the reorganisation plan. Under certain conditions, the court may approve a plan that has not been approved by all classes of creditors.
Online services and forms
Who to contact
District Court
-
District Court
- Address:
- Luxembourg
-
District Court District Court Diekirch
- Address:
-
4, place Guillaume
L-9237
Diekirch
Luxembourg
B.P. 164, L-9202 Diekirch
- Phone:
- (+352) 80 32 141
- Fax:
- (+352) 80 71 19 or (+352) 80 24 84
-
District Court District Court Luxembourg
- Address:
- Cité judiciaire L-2080 Luxembourg Luxembourg
- Phone:
- (+352) 47 59 811
- Fax:
- (+352) 47 59 81 24 21
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Related procedures and links
Procedures
Links
Legal references
relative à la préservation des entreprises et portant modernisation du droit de la faillite
