Publication by fokus partners Philipp Wetter and Philipp Kalser on a recent Supreme Court decision on important issues of the restructuring plan. Published in ecolex 2025/29.
With the recent decision of the Supreme Court in 8 Ob 97/24h, the restructuring plan (Sanierungsplan) in one of the largest insolvency proceedings in the history of the Republic of Austria in terms of liabilities was denied final confirmation. The restructuring plan proposed by the debtor and accepted by the required majority of creditors ultimately failed due to the timely and complete payment or securing of the remuneration of the reorganisation administrator. The issue whether such restructuring plan was obviously not fulfillable (offensichtlich unerfüllbar) and thus inadmissible was (only) intensively discussed by the Vienna Higher Regional Court in the second instance proceedings to 6 R 161/24a, which could have an impact on insolvency law practice in restructuring proceedings.
You can find the full article in the ecolex 2025/29 issue or download it here.
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