Prepare the file for the next action
Put the order, source, evidence and responsibility into a short chronology.
Creditors
Creditors’ meeting in insolvency: review convening and voting rights
Review an insolvency creditors’ meeting: convening, announced agenda, voting rights and court control under sections 91 to 95 IO.
Your insolvency law team
BRANDAUER Rechtsanwälte
Insolvency law, Salzburg and throughout Austria
We review the procedural status, contracts, payment records and security, then explain which legal question needs to be addressed next.
5 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
A creditors’ meeting is not a general discussion of the proceeding. The insolvency court convenes and chairs it; the announced subject and agenda determine which resolutions can be adopted.
Under section 92 IO, votes are generally counted among the insolvency creditors who attend and according to the amount of their claims. Section 93 contains specific rules for established, unexamined, disputed, conditional and secured claims.
This article follows the meeting from convening to possible court cancellation of a resolution and does not replace review of the actual notice.
Creditors’ meeting in insolvency: review convening and voting rights
Which documents answer which question?
Keep the legal basis, evidence and next action together.
| Proceedings | Orders, edict and case reference | Which stage is documented? |
| Claim or position | Contract, records and payments | What exactly is at issue? |
| Next step | Application, vote or court decision | What must happen next? |
The actual file and current procedural stage remain decisive.
Creditors’ meeting in insolvency: review convening and voting rights
Is the file ready for the next decision?
Separate source, position and concrete action.
Discuss the specific matter with the firm.
Are the decisive documents complete?
Your answers
Review the documents
Obtain the missing documents
Do not assume a deadline or effect until the missing document and its date are clear.
Review the dispute separately
Separate undisputed facts, disputed legal questions and the concrete court or out-of-court step.
Legal basis and procedural stage
Legal basis and procedural stage
Under section 92 IO, votes are generally counted among the insolvency creditors who attend and according to the amount of their claims. Section 93 contains specific rules for established, unexamined, disputed, conditional and secured claims.
This article follows the meeting from convening to possible court cancellation of a resolution and does not replace review of the actual notice.
Keep the evidence chronological
Keep the evidence chronological
Match orders, agreements, performance, payments and communications by date and legal basis.
Do not derive a legal effect from a heading, invoice or informal assurance alone.
Document the next concrete step
Document the next concrete step
Record which declaration, vote, court decision or further review is actually pending.
Do not assume a general deadline or automatic effect while the file is incomplete.
Do not assume a blanket effect: Review the procedural stage, source, documents and next step separately.
FAQ
Common questions about the topic
Which source controls? +
The current RIS text and the actual court order. A general guide does not replace the file.
Is an invoice or email enough? +
No. Basis, period, evidence and procedural connection must fit together.
Is there an automatic deadline? +
A deadline must be taken from the applicable rule and actual order.
What should be secured first? +
The case reference, orders, evidence, delivery records and the concrete open decision.
Next steps
Connect the procedural stage to the next step
Filing an insolvency claim
Connect filing, examination hearing and dispute.
Insolvency administrator first review
Organise opening data, estate and information duties.
Request legal review
Submit the order, claim and open decision.
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Topics
Creditors’ meetingVoting rightsInsolvency creditorsResolutions
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Direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000