Compare notice and attachments
Keep the related records, current procedural status and open issue in one file.
Insolvency proceedings
Creditors’ meeting in insolvency: review notice and motions
Review a creditors’ meeting in Austrian insolvency proceedings: notice, agenda, motions and records for the decision.
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.
14 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
A creditors’ meeting brings important decisions together in insolvency proceedings. Knowing the date is not enough. Notice, agenda, records and the creditor’s own motion must be kept separate.
Sections 91 and 92 IO provide the framework for convening and the subject matter of the meeting. Preparation therefore starts with the public notice and the specific agenda.
This article concerns the general meeting. Voting issues in a reorganisation plan and the creditors’ committee follow separate review paths.
Prepare the meeting
Which records support the motion?
Notice, agenda and decision records serve different functions.
| Review area | Records | Core question |
|---|---|---|
| Notice | Public notice, summons, case reference | Was the meeting scheduled on the current basis? |
| Agenda | Agenda, draft resolution, attachments | What is to be decided? |
| Own position | Claim records, statement, motion | Which concrete issue should be addressed? |
The current agenda and procedural status remain decisive.
Decision path
Which issue should be clarified first?
The check orders the next record group. It does not replace review of the case file.
Discuss the specific matter with the firm.
Is there a current notice with a specific agenda?
Your answers
Review the documents
Define the agenda issue
Compare the order, records and actual course before deciding the next step.
Secure the current procedural status
Obtain the missing evidence and record which assumption still requires review.
Organise motion and evidence together
Prepare the concrete issue with a chronology and the key records for legal review.
Read notice and procedural status together
Read notice and procedural status together
Section 91 IO governs the convening of the creditors’ meeting. Keep the public notice, summons, case reference and date in one file.
An older notice does not show whether the meeting was postponed, supplemented or replaced by a later order.
Keep the agenda separate from the own issue
Keep the agenda separate from the own issue
Section 92 IO addresses the subject matter of the meeting. The agenda shows the business to be discussed, but it does not replace review of the individual claim or security.
Describe the own issue so that subject, requested decision and supporting records remain distinct.
Support motions with records
Support motions with records
A motion should enable a concrete decision. Identify the asset, claim, security or procedural step concerned and attach the relevant records.
General objections are difficult to process. A short chronology with case reference, document date and open issue is more useful for preparation.
Do not merge meeting and committee roles
Do not merge meeting and committee roles
The creditors’ committee has its own supervisory and supporting duties. The general meeting follows its notice and agenda.
Where both bodies are involved, the file should state which issue belongs to which body.
Do not reuse an old agenda: Compare every notice with the current order and procedural status.
FAQ
Common questions about a creditors’ meeting
Who convenes the creditors’ meeting? +
Convening follows section 91 IO and the current procedural position of the case.
Is a summons without an agenda sufficient? +
Proper preparation requires the subject of the meeting to be identifiable from the current notice and available records.
Can a creditor prepare its own motion? +
Yes. State the issue, requested decision and supporting evidence in a structured file.
Related questions
Further insolvency topics
Creditors in insolvency proceedings
Creditors’ meeting in insolvency: review notice and motions
Review the creditors’ committee
Creditors’ meeting in insolvency: review notice and motions
Review the distribution plan
Creditors’ meeting in insolvency: review notice and motions
Contact the firm
Creditors’ meeting in insolvency: review notice and motions
Newsletter
Receive new articles and legal guidance.
Topics
Creditors’ meetingInsolvency proceedingsAgendaCreditors
Would you like us to review a claim, owned goods or a decision in a business crisis?
Tell us your role, the business concerned and the procedural status. We respond within one business day.
Direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000