First separate a payment from the grant or change of security. Then record consideration, relationship and the information actually available at each point in time.
First separate a payment from the grant or change of security. Then record consideration, relationship and the information actually available at each point in time.
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A payment and the grant or change of security must be documented separately.
Now compare the contract, consideration, transaction and contemporary communications for inconsistencies. Keep the complete avoidance demand and evidence of receipt. On that basis, the transaction can be assessed individually for avoidance.
First obtain the missing contemporary records: bank statement or security document, performance evidence, correspondence and dated internal notes. Separate present assessments from information available at the time.
Do not start with a risk score. Build a dated list of communications, arrears, instalment arrangements, performance and transaction steps. Individual legal review can then apply sections 27 and 31 IO.
The check creates an evidence based agenda for individual review of avoidance, prospects, deadlines, liability and the claim amount.
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.
Tell us your role, the business concerned and the procedural status. We respond within one business day.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000