[eu]cite

Home› Insolvency Law› InsO (EN)

Part 6 · Insolvency plan  ›  Division 2 · Acceptance and approval of plan › Section 235

Discussion and voting meeting

(1) The insolvency court dockets a meeting to discuss the insolvency plan and the voting rights of the parties to the proceedings and subsequently to vote on the plan (discussion and voting meeting). Such meeting is, as a rule, not to be docketed later than one month. It may be scheduled for the same day docketed for the submission of comments in accordance with section 232.

(2) The date of the discussion and voting meeting are to be published. Publication must indicate that the plan and any comments received are available for inspection in the registry of the court. Section 74 (2) sentence 2 applies accordingly.

(3) Insolvency creditors who have filed claims, creditors entitled to separate satisfaction, the insolvency administrator, the debtor, the works council and the representative body for executive staff are to receive individual summons. A copy of the plan or a summary of its essential contents, to be provided at the request of the submitting party, is to be sent with the summons. If the share and membership rights of those with a participating interest in the debtor are included in the plan, these are also to be summoned pursuant to sentences 1 and 2; this does not apply to stockholders or limited liability shareholders in a partnership limited by shares. Section 8 (3) applies accordingly. Section 121 (4a) of the Stock Corporation Act (Aktiengesetz) applies accordingly to listed companies; they are to publish a summary of the essential contents of the plan on their website.

←→ also move between sections