New articles on insolvency law.
Read about unpaid claims, goods held in an insolvency estate, crisis payments, directors’ duties and acquisitions from insolvency.
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.
Insolvency estate financing in self-administration: financial plan, consent and control
Insolvency estate financing in self-administration: financial plan, restructuring administrator consent, use of funds and risks for continuation.
Debt-relief proceedings and discharge: review effects and exceptions
Understand debt-relief proceedings and discharge: application, court decision, effect against creditors and statutory exceptions.
Payment plan in consumer insolvency: review quota, duration and confirmation
Review a payment plan in consumer insolvency: application, income, duration, vote and confirmation under sections 193 to 198 IO.
Creditors’ meeting in insolvency: review convening and voting rights
Review an insolvency creditors’ meeting: convening, announced agenda, voting rights and court control under sections 91 to 95 IO.
Insolvency administrator remuneration: review calculation, expenses and evidence
Review insolvency administrator remuneration: calculation base, expenses, final account and court control in context.
Employment in insolvency: review termination, wages and documents
Review employment in insolvency: administrator authority, termination route, wages and documents under section 25 IO.
Reorganisation plan confirmed: check appeal rights and status
Section 155 IO: check the order, participant status and appeal route for a confirmed reorganisation plan.
Business closure in insolvency: court review and evidence
Section 115 IO requires a concrete court review of the effects of closing a business on insolvency creditors.
Voting rights at a creditors’ meeting: check the claim and cover
Section 93 IO links voting rights to claim status and security. Check admission, disputes and the expected shortfall.
Supervision of an insolvency administrator: check directions, reports and complaints
Section 84 IO gives the insolvency court supervisory tools. Separate directions, reports, file access and a concrete complaint.
Subordinated insolvency claims: check filing and ranking
Section 57a IO addresses claims arising from equity-substituting contributions. Check the court notice, filing and subordination.
Rent prepayment in insolvency: review the landlord’s lease position
How an unregistered rent prepayment is treated under section 24 IO.
Surety and co-debtor recourse in insolvency: organise payments and filing
How sureties and co-debtors review recourse under section 17 IO.
Conditional claim in insolvency: security and condition event
What to review for conditional claims under section 16 IO in Austrian insolvency proceedings.
Recurring payments in insolvency: calculate pensions and maintenance
How pensions, retirement and maintenance payments are assessed under section 15 IO.
Foreign-currency claim in insolvency: review value and reference date
How foreign-currency and non-monetary claims are assessed under section 14 IO.
Insolvency administrator claims: review remuneration and expenses
Review insolvency administrator claims under Section 125 IO, including remuneration, expenses, the calculation basis and closing accounts
Asset statement in insolvency proceedings: assets, liabilities and security
Asset statements in Austrian insolvency proceedings: record assets, liabilities, due dates, disputes and security under Sections 100 and 100a IO
Fixed date transactions and insolvency: delivery, market price and damages
Fixed date transactions under Austrian insolvency law: when Section 22 IO allows damages instead of demanding delivery
Co-obligors after insolvency: review a claim against several debtors
Co-obligors and several debtors in Austrian insolvency proceedings: assess the claim, payment and recourse under Section 18 IO
Sufficient assets for insolvency proceedings: review the application and evidence
Review sufficient assets for Austrian insolvency proceedings, including realisable assets, cost advances and evidence for a company application
Employee claims in insolvency: insolvency compensation and records
Review employee claims in Austrian insolvency: insolvency compensation, covered claims, records and the application file under the IESG.
Insolvency reporting hearing: review continuation and realisation
Review the insolvency reporting hearing: continuation, realisation, records and the court decision in Austrian proceedings.
Confirmed reorganisation plan not performed: review the revived claim
Review non-performance of a confirmed reorganisation plan: conditions, payments, calculation and the possible revival of a claim.
Supplementary distribution after insolvency: review later assets
Review a supplementary distribution in Austrian insolvency proceedings: later assets, estate status, distribution records and evidence.
Creditors’ meeting in insolvency: review notice and motions
Review a creditors’ meeting in Austrian insolvency proceedings: notice, agenda, motions and records for the decision.
Insolvency avoidance: review lawsuit, defence and restitution
How authority, restitution and court proceedings interact under the Austrian Insolvency Code.
Protective measures at insolvency opening: assets and notices
Which protective measures the insolvency court may take at opening and which records businesses and creditors should organise.
Claims after ending insolvency proceedings: lawsuit and enforcement
Which rights creditors retain after Austrian insolvency proceedings end and which records matter for a lawsuit or enforcement.
Land register entry after insolvency opening: review priority
Section 13 IO explained for owners and creditors assessing a land register entry after Austrian insolvency proceedings open.
Insolvency proceedings and litigation: review the stay and entry
How pending litigation is affected by the opening of Austrian insolvency proceedings and which records clarify the next step.
Confirmed reorganisation plan: which effects creditors and sureties need to review
Legal guidance on procedural stage, original records and open questions in Austrian insolvency law for creditors and contractual partners.
Ending insolvency proceedings: understand the publication and closing records
Legal guidance on procedural stage, original records and open questions in Austrian insolvency law for creditors and contractual partners.
Insolvency final account: review costs and records in a traceable way
Legal guidance on procedural stage, original records and open questions in Austrian insolvency law for creditors and contractual partners.
Lease in insolvency: separate termination, continuation and supporting records
Legal guidance on procedural stage, original records and open questions in Austrian insolvency law for creditors and contractual partners.
Insolvency administrator appointed: which records and information to organise first
Legal guidance on procedural stage, original records and open questions in Austrian insolvency law for creditors and contractual partners.
Customer data in an insolvency asset sale: privacy and contract transfer
Customer data in an insolvency sale: review inventory, purpose, GDPR basis, notice, objections and secure handover.
Reading the insolvency edict database: orders, deadlines and case references
Read the insolvency edict database correctly: verify the debtor, case reference, proceedings, orders, publication and deadlines.
Suretyship after principal debtor insolvency: when payment is due
Suretyship after insolvency: review the instrument, principal debt, court opening, receipts, demand and recourse.
Filing an insolvency claim: examination hearing, dispute and next steps
Filing an insolvency claim: understand content, deadline, examination hearing, dispute and an action for determination.
Debtor insolvency petition: documents directors need for the court
Debtor insolvency petition: review the deadline, inability to pay, asset statement, authority and documents required for the court.
Estate insufficiency in Austria: payment priority for estate claims
Review estate insufficiency in Austria: payment stop, priority, proportional payment and required new orders for estate claims.
Austrian insolvency distribution plan: review the dividend and objections
Review an Austrian insolvency distribution plan: dividend, claim amount, rank, objections, security and later distribution.
Creditors’ committee in Austrian insolvency: review duties and decisions
Austrian creditors’ committee: review appointment, duties, voting, conflicts of interest and transaction approvals in insolvency.
Reorganisation administrator in self-administration: review consent and powers
Austrian self-administration: review the reorganisation administrator’s powers, consent, objections, reserved tasks and withdrawal.
Creditor insolvency petition: prove the claim and inability to pay
Austrian creditor insolvency petition: review the claim, inability to pay, sufficient assets, possible advance and withdrawal consequences.
Secured creditor in insolvency: review collateral, sale and shortfall
Secured creditor in Austrian insolvency: review the security right, collateral, priority, sale costs and remaining shortfall.
Set-off in insolvency: review the counterclaim and statutory limits
Review set-off in Austrian insolvency proceedings: counterclaim, opening date, claim acquisition, statutory limits and residual claim.
Review a reorganisation plan as a creditor: dividend, voting rights and documents
Review an Austrian reorganisation plan as a creditor: dividend, payment dates, voting rights, majorities, confirmation and documents.
Estate claim after insolvency opens: classify supply and invoice
Estate claim or insolvency claim: classify the order, performance, supply and invoice after Austrian insolvency proceedings open.
Buying a business unit from the estate: information before an offer
Buying a business unit from an insolvency estate: verify procedure, estate ownership, third-party rights and approval before offering.
Shareholder loan in a crisis: review repayment and set off
Shareholder loans in a crisis: review credit type, status, timing, repayment and set off separately under the Austrian EKEG.
Restructuring before insolvency: compare routes and prepare documents
Out-of-court workout, ReO or reorganisation proceedings: clear limits and the documents needed before choosing a route.
Ongoing contract in insolvency: review performance and withdrawal
An ongoing contract does not end automatically in insolvency. Review performance, advance obligations, the administrator’s choice and withdrawal.
Supplier in customer insolvency: review goods, invoice and security
What suppliers should document about goods, invoices, retention of title, security and estate communication when a customer becomes insolvent.
Claim, ownership or security: three insolvency review paths
Claims, ownership and security require distinct legal and documentary paths in Austrian insolvency proceedings.
Security shortly before insolvency: document the grant and changes
Review security before insolvency by documenting the grant or change, consideration, chronology and communications available at the time.
Payment received from a company in crisis: avoidance documents
Payment received before insolvency: document the recipient role, consideration, contemporary knowledge and administrator’s demand.
Retention of title in customer insolvency: clause, goods and invoice
What suppliers should review about the clause, incorporation, delivery, markings, processing and unpaid invoice when a customer becomes insolvent.
Your goods in the insolvency estate: check contracts, markings and delivery notes
How suppliers prove title and asset identity and respond to processing or resale in Austrian insolvency proceedings.
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