Separate the role and statutory review first
Start with the parties, procedural status and commercial objective. Claims, ownership, director duties and acquisitions require different review paths.
Focus area
Insolvency avoidance
Document payments and security received during the crisis and assess the relevant context.
Review path
Which documents should you organise first?
The tree structures your role and documents. It calculates no deadline and makes no legal determination.
Which role best describes your position?
Your answers
Review the documents
The documents are ready for focused legal review
With organised records, the legal question can be tested against the current procedural status and applicable law.
Close the documentary gaps first
Secure the contract, payment records, court notice and communications before making a legal or commercial decision.
Insolvency avoidance concerns pre opening acts affecting the debtor’s assets. Sections 27 and 31 IO are important starting points but do not replace analysis of the specific statutory ground.
Recipients should build a chronology of payment, security, consideration, relationship, crisis information and communication.
Define the act and consideration
Record each payment, set off, security or contract change with date and legal basis.
Do not merge transactions that have different dates or purposes.
- Date and form of each transaction
- Contractual basis and consideration
- Parties, relationship and communications
Record crisis information contemporaneously
Section 31 IO refers to knowledge or constructive knowledge in defined circumstances. The relevant question is what was known at the time.
Preserve reminders, instalment requests, financial material and internal notes.
No automated deadline or probability
Statutory grounds and time periods differ. This portal calculates neither a limitation period nor a success probability.
Any demand must be checked against the current law and full facts.
Respond to a demand carefully
Preserve the complete letter, attachments and service evidence. Match the stated transaction to the actual records.
Do not make admissions or payments before review, while ensuring that procedural dates are not missed.
General information on Austrian insolvency law as at July 2026. The assessment depends on the individual facts and current procedural status.
Frequently asked questions
What clients often ask.
Is every payment before insolvency avoidable? +
No. A specific statutory avoidance ground must be established.
What should be preserved after a demand? +
The demand, service evidence, contracts, invoices, payments, consideration and crisis communications.
Does the check issue a legal risk rating? +
No. It identifies documentary gaps and the need for closer review.
Related topics
This may also be relevant to you.
Creditors in insolvency proceedings
Review the basis of the claim, evidence, schedule status and commercial next steps.
Separation rights and retention of title
Identify goods or machinery in the estate through contracts, markings and payment records.
Directors and shareholders in a crisis
Separate filing duties, crisis records and shareholder loan issues.
Do you need a clear legal assessment?
Call or write to us. We respond within one business day.
Direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000