Prepare the file for the next action
Put the order, source, evidence and responsibility into a short chronology.
Debtors
Debt-relief proceedings and discharge: review effects and exceptions
Understand debt-relief proceedings and discharge: application, court decision, effect against creditors and statutory exceptions.
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.
7 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Debt-relief proceedings are a distinct procedural stage, not merely a continuation of a payment plan. The debtor must apply within the statutory framework and the insolvency court decides on commencement.
Under section 213 IO, once the assignment period ends, the court declares proceedings that have not been discontinued ended and at the same time grants the discharge. Section 214 describes its effect against insolvency creditors; rights against guarantors and co-debtors require separate review.
Statutory exceptions and possible revocation under section 216 prevent a blanket statement that all debts disappear. The actual order and basis of the claim control.
Debt-relief proceedings and discharge: review effects and exceptions
Which documents answer which question?
Keep the legal basis, evidence and next action together.
| Proceedings | Orders, edict and case reference | Which stage is documented? |
| Claim or position | Contract, records and payments | What exactly is at issue? |
| Next step | Application, vote or court decision | What must happen next? |
The actual file and current procedural stage remain decisive.
Debt-relief proceedings and discharge: review effects and exceptions
Is the file ready for the next decision?
Separate source, position and concrete action.
Discuss the specific matter with the firm.
Are the decisive documents complete?
Your answers
Review the documents
Obtain the missing documents
Do not assume a deadline or effect until the missing document and its date are clear.
Review the dispute separately
Separate undisputed facts, disputed legal questions and the concrete court or out-of-court step.
Legal basis and procedural stage
Legal basis and procedural stage
Under section 213 IO, once the assignment period ends, the court declares proceedings that have not been discontinued ended and at the same time grants the discharge. Section 214 describes its effect against insolvency creditors; rights against guarantors and co-debtors require separate review.
Statutory exceptions and possible revocation under section 216 prevent a blanket statement that all debts disappear. The actual order and basis of the claim control.
Keep the evidence chronological
Keep the evidence chronological
Match orders, agreements, performance, payments and communications by date and legal basis.
Do not derive a legal effect from a heading, invoice or informal assurance alone.
Document the next concrete step
Document the next concrete step
Record which declaration, vote, court decision or further review is actually pending.
Do not assume a general deadline or automatic effect while the file is incomplete.
Do not assume a blanket effect: Review the procedural stage, source, documents and next step separately.
FAQ
Common questions about the topic
Which source controls? +
The current RIS text and the actual court order. A general guide does not replace the file.
Is an invoice or email enough? +
No. Basis, period, evidence and procedural connection must fit together.
Is there an automatic deadline? +
A deadline must be taken from the applicable rule and actual order.
What should be secured first? +
The case reference, orders, evidence, delivery records and the concrete open decision.
Next steps
Connect the procedural stage to the next step
Filing an insolvency claim
Connect filing, examination hearing and dispute.
Insolvency administrator first review
Organise opening data, estate and information duties.
Request legal review
Submit the order, claim and open decision.
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Topics
Debt reliefDischargeDebtorInsolvency creditors
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Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000