best-interest-of-creditors test

Defined in Article 2, Directive (EU) 2019/1023

Definitions over time (1)

  1. 16/07/2019 – today applies on 12/11/2026 Article 2, Directive (EU) 2019/1023 Scope: Whole act

    1. For the purposes of this Directive, the following definitions apply:

    ‘best-interest-of-creditors test’ means a test that is satisfied if no dissenting creditor would be worse off under a restructuring plan than such a creditor would be if the normal ranking of liquidation priorities under national law were applied, either in the event of liquidation, whether piecemeal or by sale as a going concern, or in the event of the next-best-alternative scenario if the restructuring plan were not confirmed;

Used in (5 places in 4 provisions on 12/11/2026)

Directive (EU) 2019/1023 (5 in 4)

Recital 522 · Article 2 · Article 10 · Article 14

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