The hearing is neither public nor open to the media. As we learned from a reliable source, a three-digit million amount of claims were made. The liquidator will announce at the meeting how much of this is recognized and how much is disputed.
It was initially unclear whether Benko would be personally present at the hearing in his hometown. In any case, the entrepreneur does not have to appear in person, explained the spokeswoman for the Innsbruck Regional Court, Birgit Fink, on Monday. However, it was previously known that Benko was said to have apologized to the ongoing parliamentary investigative committee in Vienna this week, among other things, because of the court date in Innsbruck.
“First inventory”
Regardless, in judicial circles it is not expected that the 46-year-old will actually come to the trial in Innsbruck. He obviously wouldn’t be able to contribute much: In such a bankruptcy meeting, there are no interviews and questionings like in a court hearing, it is a presentation of figures, data and facts. Benko’s lawyer Norbert Wess might not be reached for the time being.
Court spokeswoman Fink emphasized that an “initial inventory” would be carried out at the meeting. This means: How many assets and liabilities or liabilities are available. How many demands exist and how much of them are recognized. According to information, 25 to 30 creditors have filed claims once morest the fallen Signa founder and former multi-billionaire. The amounts are said to range from relatively small amounts to those in the millions. In any case, it was announced that the court wants to communicate, among other things, the size of the recognized claims by broadcast on Wednesday.
Reorganization proceedings rejected for the time being
The opening of bankruptcy proceedings was preceded by Benko’s own filing for insolvency as an entrepreneur at the beginning of March. The Tyrolean real estate investor had thus admitted his insolvency, it was said. However, an application to open restructuring proceedings without self-administration was not accompanied by an application for a restructuring plan. Therefore, restructuring proceedings were rejected for the time being. However, such a restructuring plan application with the offer of a corresponding quota can still be submitted by Benko during the course of the bankruptcy proceedings.
According to the credit protection association KSV1870, the bankruptcy proceedings relate to the consulting company Benkos and all of its private assets, including those abroad. In any case, insolvency or insolvency administrator Andreas Grabenweger must determine whether the consulting company “can be continued without further disadvantages for the creditors”. As part of the bankruptcy proceedings, the role of the Tyrolean in private foundations should also be clarified.
Since foundations are separate legal entities, they are “not assigned to Benko’s assets” and are therefore not part of the estate, the regional court announced in March. However, if he were the beneficiary of the distributions from a foundation, the situation would be different. If his role or that of family members had changed in the past, there would be the possibility of challenging this.
There had already been a negotiation regarding Benko in Innsbruck in mid-February: At that time, a so-called insolvency opening meeting took place following an insolvency application filed by the Finanzprokuratur as the lawyer for the Republic of Austria once morest the Signa founder. Benko did not appear in person at the time. The entrepreneur finally forestalled a court decision around a month later by filing his own application to open insolvency proceedings.
