Gläubigerversammlung

§§ 74 et seq. InsO

The creditors' meeting is the highest self-governing body in insolvency proceedings. Important decisions can be made by the creditors at these meetings. For example, the creditors' meeting has the following tasks and rights:

• Election of another person as insolvency administrator to replace the person who was previously appointed (Section 57 InsO),
• Filing an application for the dismissal of the insolvency administrator (Section 59 InsO),
• Application for the dismissal of a member of the creditors' committee (Section 70 InsO),
• Requesting individual information and reports from the insolvency administrator on the respective state of affairs and management (§ 79 InsO),
• Granting maintenance from the insolvency estate to the debtor and his family (§ 100 InsO),
• Deciding on the continuation of the proceedings, in particular on the continuation or discontinuation of a company (§ 157 InsO),
• Approval of particularly important legal acts of the insolvency administrator (§ 160 InsO),
• instructing the insolvency administrator to draw up an insolvency plan (section 218 InsO), or
• filing an application for the subsequent ordering or revocation of self-administration (sections 271 et seq. InsO).

The most important stages in insolvency proceedings at which a creditors' meeting is usually convened, unless the proceedings are conducted in writing, are

• Report meeting
• Review meeting
• Discussion and voting meeting (in the event of a possible restructuring by means of an insolvency plan, please refer to the text Insolvency plan)
• Final meeting

You can find out how a creditors' meeting is convened in the text Convening a creditors' meeting or Convening the creditors' meeting by the insolvency court

The creditors' meeting is the supreme self-governing body in insolvency proceedings.