A substantial modification in the objectives or means of the plan may only be decided by the court, at the request of the debtor and on the report of the commissaire à l’exécution du plan. Where the debtor’s situation allows the plan to be substantially modified to the benefit of the creditors, the application to the court may be made by the commissaire à l’exécution du plan.
Where the application to substantially modify the plan relates to the arrangements for discharging the liabilities, the creditors concerned shall be consulted. Failure to respond shall constitute acceptance of the proposed amendments, except in the case of debt forgiveness or conversions into securities giving or capable of giving access to capital. Article L. 626-6 is applicable. The preferential right provided for in 2° of III of Article L. 622-17 benefits the cash contributions of persons who have undertaken to make them for the implementation of the plan amended by the court under the same conditions as those provided for in the last paragraph of Article L. 626-10.
The court rules after obtaining the opinion of the public prosecutor’s office and having heard or duly called the debtor, the commissioner for the implementation of the plan, the auditors, the representatives of the social and economic committee and any interested person.