Personal liability of an insolvency administrator: assess breach and loss

Section 81(1) IO requires the care called for by the subject matter of the administration and refers to section 1299 ABGB. Section 81(2) IO requires the administrator to protect the common interests over the special interests of individual participants.

A general statement that a decision was unfavorable is therefore only a starting point. The review must identify the task in the proceeding, the information available and the concrete care situation that followed from it.

The allegation must concern a defined act or omission. It may concern a decision about an asset, the handling of information, an account or the failure to take a required step. The procedural file determines the relevant context.

Arrange the events by date and procedural status. Letters, applications, reports, accounts, bank records and court orders show what was known, which decision was taken and what followed.

Section 81(3) IO refers to financial losses caused by a breach in the performance of the office. The review must therefore record the specific asset position, its change and its connection with the challenged conduct as separate questions.

An unfavorable outcome of the proceeding does not by itself establish personal liability. The file must show which loss occurred, which act or omission matters and whether another cause explains all or part of the loss.

Section 81(3) IO describes responsibility to all participants for financial losses caused by the administration. The first review must therefore identify the person affected and the personal loss that person asserts.

Section 84(3) IO assigns a creditor's, committee member's or debtor's complaint about an individual measure or the administrator's conduct to the insolvency court. A supervision issue and a personal compensation claim may be connected, but they remain different review tasks.

For a legal review, collect the appointment order, opening and procedural documents, correspondence with the administrator, reports, accounts, bank records and the current position of the affected asset. A short chronology connects each document with the decisive date.

Then mark the alleged breach, the specific financial loss and the evidence for causation separately. The article Insolvency administrator appointed: first documents and information helps with the initial file order. The supervision route under section 84 IO is addressed in Supervision of an insolvency administrator.