When a business can no longer pay, unpaid claims, third party property, security rights and directors’ duties must be considered separately. Creditors, suppliers, directors, shareholders and prospective buyers can start with the issue that matches their position.
Insolvency law covers very different legal positions. Start with what you need to protect, decide or acquire, not merely with the name of the proceedings.
How do I pursue an unpaid claim in the proceedings?
The basis of the claim, any security and the status in the insolvency schedule must be considered separately. An ordinary payment reminder does not resolve these questions.
Guidance for creditorsDo the goods or machinery belong to the insolvency estate?
An invoice alone does not prove ownership. The contract, delivery note, serial number, location and any processing of the goods may be important.
Separation rights and retention of titleWhich decision must not be postponed?
Liquidity, liabilities as they fall due, financing commitments and directors’ resolutions require current records. The statutory framework is not an automatic waiting period.
Duties of directors in distressWhat applies to loans, repayments or set off?
Shareholder status, the type of credit, timing and payment flow matter. A repayment should not be made without considering the EKEG rules.
Shareholder financing in distressWhat must be clarified before making an offer?
The stage of the proceedings, authority to dispose, the acquisition perimeter and third party rights come before the general purchase agreement questions.
Acquiring a business from insolvencyPreserve the case reference, type of proceedings, service records and published dates. Match every date against the notice in the specific proceedings.
The relevant contracts, invoices, payment records, delivery notes, security documents, resolutions and complete correspondence are usually helpful.
BRANDAUER Rechtsanwälte
Austrian insolvency law
We examine your position in the specific proceedings, the documents that support it and the legal step that should be considered next.
An insolvency matter often starts with an unpaid invoice, a court notice or an urgent decision within the business.
The case reference, type of proceedings and court notice show what has been opened and what the court has already announced.
Contracts, invoices, delivery notes, ownership records, security documents and payment flows show which legal position is actually affected.
Only then can you assess whether to consider filing a claim, asserting a separation right, responding to an avoidance demand or taking a decision as a director.
Meetings are available in Salzburg, by telephone or by video. We attend court and other appointments throughout Austria where required.
An unpaid invoice is not an ownership position. A payment is not the same as security. Choose the topic that reflects the problem you need to resolve.
Review the basis of the claim, evidence, schedule status and commercial next steps.
Open topic →Identify goods or machinery in the estate through contracts, markings and payment records.
Open topic →Document payments and security received during the crisis and assess the relevant context.
Open topic →Separate filing duties, crisis records and shareholder loan issues.
Open topic →Distinguish the ReO framework, reorganisation proceedings and opened insolvency proceedings.
Open topic →Review the procedural stage, estate, data room and approvals before making an offer.
Open topic →The document check helps compile the basis of the claim, payments, security and court information and match them against the current court notice.
The interactive checks collect the information and records needed for individual review of a claim, deadline and liability.
Open sectionThe glossary explains key terms in Austrian insolvency law and distinguishes between legal positions that are easily confused.
Open sectionThe checklists help compile documents for claims, owned goods, crisis decisions or a possible acquisition.
Open sectionThe Insolvency Act provides the legal framework. The court notice shows what has been opened, ordered or scheduled in a particular case. Your contracts, records and payment flows then establish which position you may have in those proceedings.
Separation rights, the filing duty, insolvency claims, restructuring and shareholder loans follow distinct rules. Any specific legal consequence must be assessed under the applicable law and the facts together.
The case reference, type of proceedings, court dates and schedule status belong to the individual case. Take these details from the current court notice and obtain an early review of any uncertainty.
insolvenzrecht-anwalt.at is the Austrian insolvency law portal of BRANDAUER Rechtsanwälte GmbH. We advise businesses, creditors, suppliers, directors, shareholders and parties interested in acquiring assets or businesses from insolvency proceedings. The starting point is your specific position in the proceedings. The court record, relevant contracts, ownership and security rights, payment flows and decisions by company officers determine which question needs to be addressed first.
Tell us your role, the business concerned and the current stage of the proceedings. We will explain which documents are needed for the legal review.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000