Insolvency
Insolvency proceedings

Voting rights at a creditors’ meeting: check the claim and cover

Section 93 IO links voting rights to claim status and security. Check admission, disputes and the expected shortfall.

BRANDAUER Rechtsanwälte
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.

31 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt

Not every claim automatically carries the same vote. Section 93 IO distinguishes admitted, disputed and conditional claims.

For a secured claim, the expected uncovered part is generally relevant if requested.

Preparation starts with claim status, security and shortfall.

Legal issue

Voting rights at a creditors’ meeting: check the claim and cover

Not every claim automatically carries the same vote. Section 93 IO distinguishes admitted, disputed and conditional claims.

Legal issue
Legal issue Evidence Control point Next step
Link admission and voting Section 93(1) IO links voting participation to admitted claims. First check the examination result. Not every claim automatically carries the same vote. Section 93 IO distinguishes admitted, disputed and conditional claims. The claim is admitted
Check security and shortfall For secured creditors, valuation, realization and security must be assessed together. For a secured claim, the expected uncovered part is generally relevant if requested. The claim is disputed or unexamined
Classify disputed claims Section 93(3) IO addresses unexamined, disputed and conditional claims separately. Preparation starts with claim status, security and shortfall. Security covers part of it
Prepare the vote practically Bring the agenda, claim papers and authority and record the voting weight for each item. Not every claim automatically carries the same vote. Section 93 IO distinguishes admitted, disputed and conditional claims. The claim is admitted
Next step

What is the claim status?

For a secured claim, the expected uncovered part is generally relevant if requested.

Discuss the specific matter with the firm.

01 Question 1

What is the claim status?

Your answers

Review the documents

01

The claim is admitted

Section 93(1) IO links voting participation to admitted claims. First check the examination result.

02

The claim is disputed or unexamined

For secured creditors, valuation, realization and security must be assessed together.

03

Security covers part of it

Section 93(3) IO addresses unexamined, disputed and conditional claims separately.

Link admission and voting

Section 93(1) IO links voting participation to admitted claims. First check the examination result.

For a secured claim, the expected uncovered part is generally relevant if requested.

Check security and shortfall

For secured creditors, valuation, realization and security must be assessed together.

Preparation starts with claim status, security and shortfall.

Classify disputed claims

Section 93(3) IO addresses unexamined, disputed and conditional claims separately.

Not every claim automatically carries the same vote. Section 93 IO distinguishes admitted, disputed and conditional claims.

Prepare the vote practically

Bring the agenda, claim papers and authority and record the voting weight for each item.

For a secured claim, the expected uncovered part is generally relevant if requested.

Voting rights and claim amount are not the same. Separate status, security and shortfall.
FAQ

Frequently asked questions

When does a claim carry a vote? +

Section 93(1) IO refers to admitted insolvency claims; the procedural position is decisive.

How does security affect voting? +

For a secured claim, the expected uncovered part is generally relevant if requested.

Can a disputed claim vote? +

Section 93(3) IO addresses such claims separately; participation and weighting must be clarified.

What does this article not replace? +

It does not replace a review of the file or individual legal advice.

Topics
InsolvenzverfahrenUnterlagenPrüfung

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