Creditor change after claim filing: assignment, evidence and voting right

The creditor change starts with the claim that was already filed. The claim basis, amount, ancillary claims, exhibits and examination result form the starting point. An assignment should not replace that starting point with a new and uncertain description of the claim.

Prepare a short chronology covering the claim’s origin and filing, the opening of proceedings, the assignment, notices to the participants and the next hearing. This shows whether the acquirer asserts the same claim or whether the amount itself has also changed.

The assignment agreement, signature, claim concerned, scope of transfer and any consideration belong together for the review. A partial assignment must identify the transferred amount and ancillary rights. Amendments, reassignments and further transfers should each be recorded separately.

Communications also matter in practice. Keep notices to the insolvency administrator and insolvency court, proof of receipt and the response to who will appear as creditor at the next hearing. The records should explain the transfer of the particular claim without assuming an approval that is not documented.

Section 94 applies to insolvency creditors who acquired the claim by legal assignment only after proceedings opened. Such an acquirer generally has no voting right. The statute focuses on acquisition and the opening date, not on when the original claim arose.

The exception requires an obligation entered into before the opening, on the basis of which the claim was taken over. A free purchase or assignment agreement concluded only after the opening does not meet that wording by itself. Whether a binding earlier obligation existed must be shown by the original contracts and their mechanism of performance.

Section 93(1) generally allows participation in votes for admitted insolvency claims. Section 93(2) contains special rules for secured creditors and certain creditors of a registered partnership, including a request requirement and a limitation to the expected uncovered part. Section 93(3) also addresses unexamined, disputed and conditional claims.

The section 94 rule comes before that assessment for a creditor change. Even if the claim was originally admitted, an acquirer who obtained it by legal transaction after the opening must separately establish the exception to the voting bar. Only then can the specific voting weight be assessed under sections 92 and 93.

Under section 91, the insolvency court convenes and leads the creditors’ meeting. The notice must publicly state the subject matter. A resolution generally cannot be passed on an item that was not announced. Check whether the creditor change and proposed vote belong to the specific meeting.

Section 92 calculates resolutions by an absolute majority of votes based on claim amounts, counting the insolvency creditors who appear. If the result depends on whether an uncertain vote is counted, section 93(4) allows the insolvency court to decide provisionally after review and hearing the parties. A complete file note should connect claim status, transfer evidence, authority, attendance and the actual voting result.