GROUPS IN REORGANIZATION PLAN

Abstract

Formation of groups in the reorganization plan, besides the reorganization measures, is the most important component of the insolvency plan. The existence of these groups makes possible to consider the interests of participants of the insolvency proceedings. By division of creditors into groups the principle of equality of all insolvency creditors is violated and the principles of equality within the groups and differences between groups is introduced. This article contains analysis of the solutions in Serbian and German law in regard to this legal area. The author explains what is the meaning behind the formation of groups and presents the criteria upon which a separate group may be formed in reorganization plan.