Insolvency creditor
A creditor who must pursue its claim in the insolvency proceedings under section 102 IO.
Section 102 IO directs insolvency creditors to assert their claims within the insolvency proceedings. This also applies where litigation concerning the claim is already pending. The basis, amount, evidence and later schedule status of the claim therefore require separate review.
The creditor must be distinguished from the insolvency estate: the creditor holds a claim but is not part of the estate. The insolvency administrator is the appointed office holder, not the creditor. The creditors topic hub explains claims, security and procedural status.
More information
General guidance, not advice on an individual matter.
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Insolvency estate
The assets subject to the insolvency proceedings and relevant to administration, realisation and creditor satisfaction.
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Insolvency administrator
The court-appointed office holder with duties assigned by the type of proceedings and court decisions.
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Filing of a claim
The procedural step by which an insolvency creditor asserts a claim in the proceedings.
Would you like us to review a claim, owned goods or a decision in a business crisis?
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Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000