Claims, ownership and security require distinct legal and documentary paths in Austrian insolvency proceedings.
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.
Once insolvency proceedings have opened, the legal nature of your position determines the next step. An unpaid monetary claim, an asset owned by you in the estate, and a payment or security received before insolvency follow different rules.
This article therefore does not decide the detailed issues of retention of title, separation rights or avoidance. It directs you to the appropriate in depth page and identifies the documents needed for the initial classification.
Also check the court notice and current procedural status. The decision tree organises the records for individual advice and review of the relevant periods.
The check structures documents and questions only. It makes no legal determination.
Discuss the specific matter with the firm.
Select the position that best describes your documents.
Section 102 IO requires insolvency creditors to pursue their claims under the Insolvency Code. Start with the detailed article on claim filing after debtor insolvency, then use the creditor hub for the procedural status, claims schedule and documents.
Where a specifically identifiable asset does not belong to the debtor, section 44 IO may provide the correct legal framework. The separation rights hub explains how ownership, identity, possession and supporting records fit together.
A payment or security received before the opening of proceedings is neither automatically protected nor automatically avoidable. Section 27 IO opens the statutory avoidance framework. Use the insolvency avoidance hub to classify the transaction by date, legal basis, consideration and information available at the time.
Prepare three separate lists. Assign monetary claims to the creditor hub, assets owned by you to the separation rights hub, and payments or security received to the avoidance hub. Only then can the next step be selected for each position.
The Insolvency Code does not treat every economic position as an ordinary claim. Section 102 IO concerns the pursuit of insolvency claims. Section 44 IO addresses assets that do not belong to the debtor. Section 27 IO is the starting point for avoiding certain acts before proceedings opened.
The first question is therefore not merely the value of your economic interest. The decisive issue is whether you demand money from the estate, assert ownership of an asset in the estate, or must defend a payment or security already received against avoidance.
For a monetary claim, the contract or other legal basis, performance, invoice, due date, payments and objections belong in a coherent claim statement. Pending litigation does not remove the insolvency framework established for creditors by section 102 IO.
The filing details are deliberately not repeated here. The linked article at forderung-eintreiben.at covers that next stage. The creditor hub adds the claims schedule, security and the commercial decisions that follow.
For ownership, the amount of an invoice is not the starting point. The asset itself matters. The contract, ownership clause, delivery, serial number, location and current possession must correspond. Section 44 IO does not protect every supplier position indiscriminately but points to the applicable ownership rules for assets outside the estate.
Special situations involving processed, mixed or resold goods require separate analysis. This decision article does not prejudge those outcomes and directs an ownership position to the separation rights hub.
A creditor paid or granted security before insolvency starts from a different position than an unpaid creditor. Classification requires the form and date of the act, the original claim, the consideration and the information then available about the crisis.
Section 27 IO does not itself decide whether a transaction is avoidable. Each statutory ground and its requirements must be assessed separately. The avoidance hub therefore provides a documentation path without offering a generic risk score.
Legal basis: section 102 IO in RIS on insolvency claims, section 44 IO in RIS on separation rights, and section 27 IO in RIS as the starting point for insolvency avoidance. The current consolidated text and actual procedural status remain decisive.
Yes. A delivery may create an unpaid purchase price claim and a separate ownership position. They must be documented and legally classified separately.
No. Section 27 IO opens the statutory framework. Whether a particular avoidance ground applies depends on matters including the form, time, legal basis and circumstances of the grant.
Because the ownership clause, identity of the asset, delivery and possession must also be examined. An invoice alone does not reliably answer those questions.
Classify the claim basis, claims schedule, evidence and commercial next steps.
Detailed guidance on filing instead of ordinary collection at forderung-eintreiben.at.
Document ownership, identity and possession for the separation rights review.
Classify payments and security by transaction, consideration and crisis information.
Tell us your role, the business concerned and the procedural status. We respond within one business day.
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BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
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