INS10213 - Steps a debtor takes

IVA creditors' meeting

Notice to creditors

Decisions at the creditor’ meeting

Click here to return to topNotice to creditors

After the interim order has been made the nominee will then give notice of and, usually, chair the creditors' meeting.

Period of Notice: Not less than 14 days and not more than 28 days from the filing of the report (Rule 5.13 (2) Insolvency Rules 1986).

As well as the notice the nominee must provide a copy of the

  • proposals
  • Statement of Affairs
  • nominee's report to court on the proposals.
  • Nominees are also aware that VAS requires full supporting financial information. See acceptance criteria.

Click here to return to topDecisions at the creditors’ meeting

The creditors' meeting will decide whether to approve the VA proposals with or without modifications.

A creditor who has been given notice of the meeting is entitled to vote in person or by proxy but must give written notice of their claim to the chairman or nominee at or before the meeting.

The chairman of the meeting may admit or reject all or part of a claim for voting purposes but the creditor or the debtor may appeal against the decision.

In order to pass a resolution to approve a proposal or modification, there must be at least a 75% majority by value of all creditors voting, but excluding associated creditors the majority needed is 50%.

To pass any other resolution proposed at the meeting requires more than half by value of creditors voting.