Handle official service separately
Keep the letter and the official note together. The item is delivered despite the postal restriction.
Insolvency proceedings
Postal restriction in insolvency: which letters the administrator may open
Section 78 IO explained: which mail the insolvency administrator receives, may open and must hand to the debtor.
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17 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
The postal restriction under section 78 IO generally directs the debtor’s mail to the insolvency administrator. The administrator may open the handed-over items and must then distinguish estate-related correspondence, official exceptions and private mail.
Court and other official letters bearing an official note that delivery is permitted despite the postal restriction are delivered despite the restriction. For the other handed-over items, the next step depends on whether the contents concern the insolvency estate.
This article explains the review route under section 78 IO. It addresses mail handling after insolvency proceedings open and does not concern enforcement service or general data protection.
Classify the item
Which mail reaches the debtor and which item does the administrator review?
The sender, official note and connection with the estate determine the next step.
| Mail item | Review point | Consequence |
|---|---|---|
| Letter addressed to the debtor | Would the item otherwise be delivered to the debtor? | The post office hands it to the insolvency administrator while no contrary order applies. |
| Court or official letter | Does it carry the official note permitting delivery despite the restriction? | The item is delivered despite the postal restriction. |
| Estate-related communication | Does the content concern assets, claims, contracts or administration? | The administrator may open it and gives the debtor access to the communication. |
| Private or other communication | Does the content concern the estate? | The administrator hands the item to the debtor without delay. |
Keep the specific contents and the wording of any note on the envelope.
Choose the next step
How should the incoming item be handled?
The check classifies the item according to the statutory review route.
Discuss the specific matter with the firm.
Which feature of the item can be identified?
Your answers
Review the documents
Clarify the estate connection from the contents
Record the sender, date, contents and possible connection with the estate. These details explain why the item reached the administrator.
Coordinate access and administration
Where the contents concern the estate, the administrator may open the item. The debtor is entitled to access communications addressed to the debtor.
Hand the item over without delay
If the item does not concern the estate, it must be handed to the debtor without delay. Record the classification and handover in a traceable way.
Which mail is covered by the postal restriction
Which mail is covered by the postal restriction
When insolvency proceedings open, the court informs the post and telegraph offices serving the debtor’s residence and business premises. While no contrary order has been made, those offices hand the insolvency administrator all items that would otherwise be delivered to the debtor.
The rule therefore concerns delivery to the debtor and the business. The opening order, addressee, sender and procedural stage should be recorded for classification. Keep the item with its envelope and date of receipt in the case file.
Which official letters are delivered despite the restriction
Which official letters are delivered despite the restriction
Section 78(2) IO excludes court and other official letters carrying an official note indicating that delivery is permitted despite the postal restriction. Those items therefore follow the service route stated on the letter.
The specific note on the official item is decisive. Keep the letter, envelope and delivery date together. The sender alone does not establish the statutory exception with sufficient certainty.
What the insolvency administrator may do with handed-over mail
What the insolvency administrator may do with handed-over mail
The insolvency administrator may open the items handed over by the post office. The contents then have to be classified. If a court or other official document does not concern the estate, the administrator returns it with a note stating that insolvency proceedings are pending.
For communications addressed to the debtor that concern the estate, the administrator must give the debtor access. The contents may matter for claims, assets, contracts or ongoing administration and should then be placed in the organised case file.
When private mail must be handed over and how a contrary order operates
When private mail must be handed over and how a contrary order operates
Items that do not concern the estate must be handed to the debtor without delay. This also applies when the item first reached the administrator because of the postal restriction. Record the sender, the classification and the handover so the process remains traceable.
Section 78 IO links the mail route to the absence of a contrary court order. The provision does not state one general fixed duration for the postal restriction. The order itself, its date and the instruction to the post office therefore determine the end or limitation of the measure. The ending of the insolvency proceedings is a separate procedural step.
Preserve the complete item: The envelope, official note, receipt date and estate classification belong together in the case file.
FAQ
Common questions about the postal restriction in insolvency
May the insolvency administrator open every incoming letter? +
The administrator may open items handed over under section 78(2) IO. Official letters bearing a note that delivery is permitted despite the restriction are delivered despite the restriction.
Which mail is handed to the insolvency administrator? +
As a rule, the administrator receives items that would otherwise be delivered to the debtor while no contrary order applies. The court informs the relevant post office.
What happens to an official item that does not concern the estate? +
A court or other official document that does not concern the estate is returned with a note stating that insolvency proceedings are pending.
When does the debtor receive private correspondence? +
Items that do not concern the estate must be handed to the debtor without delay. The classification and handover should be documented in a traceable manner.
How does the postal restriction end? +
Section 78 IO provides for the mail route while no contrary court order has been made. The specific order and its implementation by the post office must therefore be reviewed for an end or limitation.
Next review
Organise incoming mail with the procedural stage
Insolvency administrator appointed
Organise records and information for the first procedural review.
Ending insolvency proceedings
Classify the public notice and final procedural documents.
Request legal review
Discuss the postal restriction, letter and court order.
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Postal restrictionInsolvency administratorMail itemsInsolvency proceedings
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