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Separate review paths

Organise creditor documents by role and proceedings.

Start with your role and what is known about the actual insolvency proceedings. The result separates filing, security and ownership.

Separate review paths

Organise creditor documents by role and proceedings

Start with your role and what is known about the actual insolvency proceedings. The result separates filing, security and ownership.

Would you like the documents reviewed legally? Send us the key facts of your situation.

01 Review question 1

In what role are you preparing the documents?

Creditor identity and any authority to represent should come first.

Possible outcomes

The outcomes of this check.

01

Filing is the first workstream.

Priority: complete the procedural and claim file first.

Filing

  • Verify the court notice, case reference and insolvency administrator
  • Evidence the creditor role, claim basis, amount, due date and payments
  • Record filing, schedule status, pending litigation and any title separately

Security

  • Match the security document to the secured claim
  • Evidence creation, collateral, rank and any registration
  • Record enforcement, coverage and communications separately

Ownership

  • Identify the asset by serial number, location or delivery record
  • Evidence the ownership basis, delivery and current possession
  • Review processing, attachment, onward sale or separation as a distinct path

For further guidance, see the German article on filing instead of ordinary collection and the creditors in insolvency hub.

Open the outstanding business claim checklist →
02

Security must be prepared separately from the claim filing.

Priority: evidence creation and scope of security without merging it into the filing.

Filing

  • Verify the court notice, case reference and insolvency administrator
  • Evidence the creditor role, claim basis, amount, due date and payments
  • Record filing, schedule status, pending litigation and any title separately

Security

  • Match the security document to the secured claim
  • Evidence creation, collateral, rank and any registration
  • Record enforcement, coverage and communications separately

Ownership

  • Identify the asset by serial number, location or delivery record
  • Evidence the ownership basis, delivery and current possession
  • Review processing, attachment, onward sale or separation as a distinct path

For further guidance, see the German article on filing instead of ordinary collection and the creditors in insolvency hub.

Go to the creditors hub →
03

Ownership and claim filing require separate evidence paths.

Priority: document the asset, ownership basis and possession without assuming estate ownership.

Filing

  • Verify the court notice, case reference and insolvency administrator
  • Evidence the creditor role, claim basis, amount, due date and payments
  • Record filing, schedule status, pending litigation and any title separately

Security

  • Match the security document to the secured claim
  • Evidence creation, collateral, rank and any registration
  • Record enforcement, coverage and communications separately

Ownership

  • Identify the asset by serial number, location or delivery record
  • Evidence the ownership basis, delivery and current possession
  • Review processing, attachment, onward sale or separation as a distinct path

For further guidance, see the German article on filing instead of ordinary collection and the creditors in insolvency hub.

Go to the separation right check →
04

Filing, security and ownership first need three separate workstreams.

Priority: do not build one mixed file. Assign every document to one of the three paths.

Filing

  • Verify the court notice, case reference and insolvency administrator
  • Evidence the creditor role, claim basis, amount, due date and payments
  • Record filing, schedule status, pending litigation and any title separately

Security

  • Match the security document to the secured claim
  • Evidence creation, collateral, rank and any registration
  • Record enforcement, coverage and communications separately

Ownership

  • Identify the asset by serial number, location or delivery record
  • Evidence the ownership basis, delivery and current possession
  • Review processing, attachment, onward sale or separation as a distinct path

For further guidance, see the German article on filing instead of ordinary collection and the creditors in insolvency hub.

Go to the creditors hub →

The check structures procedural data, the claim, security and ownership for individual review of time periods and the dividend.

BRANDAUER Rechtsanwälte
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.

Call directly +43 662 6280000 WhatsApp Write an email Book an initial consultation (72 euros)

Would you like us to review a claim, owned goods or a decision in a business crisis?

Tell us your role, the business concerned and the procedural status. We respond within one business day.

+43 662 6280000 kanzlei@brandauer-rechtsanwaelte.at Book an initial consultation (72 euros)

Direct line to the firm.

Address

BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg