Document a payment or security from the crisis
Payment and security are separate review paths. Build one chronology for each legal act.
A payment and the granting of security are not the same act. Keep a separate file for each act and combine the material only for the final legal review.
The insolvency avoidance topic page explains the framework. The avoidance risk check then helps identify documentary gaps.
Ticks are stored only in this browser. First choose the payment path or the security path for each act.
0 of 16 items completed
01 Document the payment separately
Complete this block only where money moved or a claim was satisfied by set off or a comparable act.
02 Document the security separately
Complete this block only where a pledge, guarantee, assignment or other security was granted or enhanced.
03 Preserve the contemporaneous crisis context
04 Match the demand to the correct file
Legal framework
Section 27 IO opens the statutory avoidance framework. Section 31 IO contains specific requirements under which contemporaneous knowledge may be relevant. The checklist does not determine whether a ground is established.
The firm article on insolvency avoidance in Austria provides further guidance on payments and demands.
This checklist supports preparation and does not replace legal advice on an individual matter. The statutory ground, time periods and consequences must be reviewed against the current law and complete facts.
BRANDAUER Rechtsanwälte
Insolvency law, Salzburg and throughout Austria
We review the procedural status, contracts, payment records and security, then explain which legal question needs to be addressed next.
Would you like us to review a claim, owned goods or a decision in a business crisis?
Tell us your role, the business concerned and the procedural status. We respond within one business day.
Direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000