Section 125 IO: the insolvency court sets remuneration as a lump sum. Check service, procedural status and appeal eligibility.
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Under section 125(2) IO, the insolvency court sets the insolvency administrator's remuneration as a lump sum. An ordinary insolvency creditor is not listed as a person entitled to appeal in this provision.
Section 125(2) IO allows the insolvency administrator, the debtor and every member of the creditors' committee to appeal. The person's procedural role and the order served therefore determine the next review path.
This article addresses the court decision on the insolvency administrator's claims. The general calculation of remuneration and cash expenses, a cost advance for opening proceedings and personal liability each require a separate review.
The decisive questions concern different levels. Keep them separate before preparing an appeal or an appeal response.
| Review field | Documents | Key question | Next step |
|---|---|---|---|
| Subject of the order | Order, administrator's application and calculation | Does it concern the administrator's remuneration and cash expenses? | Read the order and calculation together |
| Personal status | Appointment order, public notice and committee documents | Are you the debtor, administrator or a member of the creditors' committee? | Prove the procedural status |
| Service | Proof of service, order and appeal document | When and to whom was the order or appeal served? | Secure the sequence of dates |
| Response | Appeal, appeal response and specific objections | Is this your own appeal or a response to another appeal? | Separate request and reasons |
The table structures the statutory review path. The complete order and procedural file remain decisive.
The check structures procedural status and the next response under section 125(2) IO. It does not replace a review of the complete file.
Discuss the specific matter with the firm.
Section 125(2) IO names the insolvency administrator, the debtor and every member of the creditors' committee as persons who may appeal the decision. Secure the order, service and specific objections in one chronology.
Under section 125(2) IO, the order is served on the insolvency administrator, the debtor and all members of the creditors' committee. Secure the order, proof of service and current file status before classifying the next response.
Section 125(2) IO governs the court decision on the insolvency administrator's claims. For another order, the subject, personal status and available remedy must be reviewed separately.
An ordinary insolvency creditor is not listed as entitled to appeal in section 125(2) IO. Check whether you also hold committee membership or whether another personal legal position is affected.
Put the appointment order, public notice, committee documents and court order together. The specific procedural status matters, rather than a financial interest in the remuneration alone.
The insolvency administrator must submit claims for remuneration and reimbursement of cash expenses to the insolvency court. When the administrator's work ends, the latest point is the hearing for examining the final account if the claim is to be preserved. The relevant circumstances for calculation, especially the calculation base and the value of the work, must be presented in a comprehensible way.
The court may ask the insolvency administrator to disclose the claims at any time. After hearing the creditors' committee and the debtor, it decides on the claims. Remuneration is set as a lump sum under the provisions named in section 125(2) IO. The court order is therefore the starting point for the review.
The order is served on the insolvency administrator, the debtor and all members of the creditors' committee. These persons may appeal the decision. An insolvency creditor therefore obtains appeal eligibility under this provision through the specific role of committee member, if that membership exists.
Being an insolvency creditor and having a financial interest in a lower or higher remuneration does not automatically open the appeal route under section 125(2) IO. The file must therefore show the order, the person's procedural status and service. General supervision of individual administrator measures follows a different review task.
The appeal or a copy of the record replacing it is served on the other persons entitled to appeal. They may submit an appeal response within 14 days after service of the appeal. The period therefore starts with service of the appeal and concerns the response by the other eligible persons.
Section 125(2) IO does not state a general filing period for the original appeal at this point. The concrete response requires a joint review of the court order, proof of service and applicable procedural rules. Under the provision, the second-instance court decides finally.
The insolvency court may approve an advance on the insolvency administrator's claims after hearing the creditors' committee. An advance is an interim court decision concerning the claims. It answers a different question from the later determination of remuneration.
Agreements between the insolvency administrator and the debtor or creditors about the amount of remuneration or reimbursement of cash expenses are invalid under section 125(5) IO. The review must therefore distinguish a court decision, an approved advance and a private arrangement.
For the first review, put the complete order, the administrator's calculation, the documents supporting the calculation, proof of service and proof of your procedural status into one chronology. A committee member should also record the committee composition at the time of the decision.
The general review of calculation, cash expenses and evidence is addressed in the article on insolvency administrator remuneration. The article on supervision of an insolvency administrator addresses court supervision.
Section 125(2) IO names the insolvency administrator, the debtor and all members of the creditors' committee. These persons may appeal the decision on the insolvency administrator's claims.
An ordinary insolvency creditor is not listed as entitled to appeal in section 125(2) IO. Committee membership or another personal legal position must be reviewed separately.
Section 125(2) IO gives the other persons entitled to appeal 14 days for an appeal response after service of the appeal. The provision links this period to the response and does not replace a review of the filing period for the original appeal.
The insolvency court decides on the claims after hearing the creditors' committee and the debtor. Remuneration is set as a lump sum under the provisions named in section 125(2) IO.
Agreements between the insolvency administrator and the debtor or creditors about the amount of remuneration or reimbursement of cash expenses are invalid under section 125(5) IO.
Classify calculation, evidence and general court control.
Review remuneration, cash expenses and the final account together.
Distinguish supervision and complaints about individual measures.
Organise documents, information requests and the next file review.
Read about appointment, duties and personal procedural status.
Classify the role and duties in insolvency proceedings.
Submit the order, service record and personal status in an orderly form.
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