Insolvency

Reorganisation proceedings

Insolvency proceedings designated as reorganisation proceedings when the conditions of section 167 IO are met.

In brief

Under section 167 IO, insolvency proceedings are designated as reorganisation proceedings when the debtor applies for their opening and, with an admissible reorganisation plan attached, for acceptance of that plan, unless the court rejects the application at the same time. They remain court insolvency proceedings.

Reorganisation proceedings must be distinguished from preventive restructuring proceedings under the ReO and from a purely out-of-court workout. The reorganisation and restructuring hub compares the routes; the article on reorganisation proceedings in Austria provides more detail on self-administration and procedural variants.

General guidance, not advice on an individual matter.

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