Section 17 IO protects recourse
Organise the records for this review point and record the open question.
Creditors
Surety and co-debtor recourse in insolvency: organise payments and filing
How sureties and co-debtors review recourse under section 17 IO.
Your insolvency law team
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.
27 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
When a surety or co-debtor pays another person’s debt, a separate recourse issue arises. It must be distinct from the original creditor claim.
Section 17 IO addresses payments already made and a possible reservation for later payment.
Liability, payment and recourse must be traceable in time and amount.
Surety and co-debtor recourse
Which records belong together?
Legal basis, timing and evidence answer different questions.
| Review area | Records | Core question |
|---|---|---|
| Grundlage | Surety and co-debtor recourse | Was ist belegt? |
| Zeitpunkt | Eröffnungsbeschluss und Chronologie | Welche Daten gelten? |
| Rechtsfolge | Vertrag und Verfahrensstand | Welche Frage ist offen? |
The concrete effect depends on the procedural stage and original records.
Review path
Surety and co-debtor recourse
The check orders the next records.
Discuss the specific matter with the firm.
Are legal basis, timing and records fully documented?
Your answers
Review the documents
Evidence payment clearly
Organise the records for this review point and record the open question.
Treat later payment separately
Organise the records for this review point and record the open question.
Avoid double satisfaction
Organise the records for this review point and record the open question.
Section 17 IO protects recourse
Section 17 IO protects recourse
When a surety or co-debtor pays another person’s debt, a separate recourse issue arises. It must be distinct from the original creditor claim.
Section 17 IO addresses payments already made and a possible reservation for later payment.
Evidence payment clearly
Evidence payment clearly
Section 17 IO addresses payments already made and a possible reservation for later payment.
Liability, payment and recourse must be traceable in time and amount.
Treat later payment separately
Treat later payment separately
Liability, payment and recourse must be traceable in time and amount.
When a surety or co-debtor pays another person’s debt, a separate recourse issue arises. It must be distinct from the original creditor claim.
Avoid double satisfaction
Avoid double satisfaction
When a surety or co-debtor pays another person’s debt, a separate recourse issue arises. It must be distinct from the original creditor claim.
Section 17 IO addresses payments already made and a possible reservation for later payment.
Keep records separate: legal basis, timing and legal effect require separate evidence.
FAQ
Frequently asked questions
Which records are decisive? +
When a surety or co-debtor pays another person’s debt, a separate recourse issue arises. It must be distinct from the original creditor claim.
Further reading
Related insolvency topics
Topics
Surety and co-debtor recourse
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