The uniform insolvency proceedings, which have existed in Austria since 2010 and in Germany since 1999, do not implicate that the insolvent entrepreneur loses the control over the insolvency estate. In fact, the insolvency proceedings have been able to be processed with the debtor in possession since these years, based on former institutions. The tasks are divided between the debtor and the reorganisation administrators in both countries to guarantee an optimal creditor satisfaction. Therefore, the creditors shall be able to influence important decisions of the insolvency proceedings. Despite the innovations of the IRÄG 2010 in Austria and the ESUG 2012 in Germany, in practice still far too few insolvency proceedings are established with the debtor in possession. Hence, this thesis tries to explain compactly the structure of the proceedings with the debtor in possession in Austria and in Germany, including the tasks and authorities of the two reorganisation administrators, and compare the results afterwards. Considering the IRÄG and the ESUG, also the creditors‘ opportunities to influence the insolvency proceedings shall be constituted. Subsequently, the results shall be compared to ascertain, if the creditors have a more significant position in Austria or in Germany. Statistics shall show how the proceedings with the debtor in possession have developed in practice since both laws came into force. Furthemore, reasons why the insolvency proceedings are not entrenched as desired by the law-giver shall be detected. Finally, the result shall reveal, if the reorganisation with the debtor in possession is more succesful, both theoretically and practically, in the Austrian or German legislature and in which of the two countries the creditors have a stronger position.