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Part 2 · Opening of insolvency proceedings. Recognised assets and parties to proceedings  ›  Division 3 · Insolvency administrator. Bodies representing creditors › Section 77

Determination of voting right

(1) A voting right is vested in claims which are filed by the creditor and not disputed by the insolvency administrator or by a creditor with a voting right. Lower-ranking creditors have no voting right.

(2) Creditors with disputed claims have a voting right if the administrator and the attending creditors with a right to vote have agreed such vote during the creditors’ assembly. If the parties cannot reach an agreement, the decision taken by the insolvency court prevails. The insolvency court may modify its decision at the request of the administrator or of a creditor attending the creditors’ assembly.

(3) Subsection (2) applies accordingly to

1.  creditors holding claims subject to a condition precedent;

2.  creditors with a right to separate satisfaction.

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