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
Separation rights and retention of title
Identify goods or machinery in the estate through contracts, markings and payment records.
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.
Section 44 IO addresses assets in the estate that do not belong to the debtor. Suppliers, lessors and leasing companies often need to prove the identity and ownership chain of the asset.
The page does not automatically confirm a separation right. It structures the facts and evidence for legal review.
Identify the asset
Description, serial number, location, photographs and delivery notes must refer to the same asset.
Record delivery, current use and any contact with the insolvency administrator.
- Contract and ownership clause
- Delivery note, serial number and photographs
- Location, delivery and administrator contact
Prove ownership and payment flow
Collect the order, confirmation, invoice, payments and the retention, lease or custody terms.
Resolve inconsistencies between the documents and the actual delivery before making a demand.
Do not assume substitute separation
Section 44 IO also addresses a sale after the opening of proceedings. The statutory requirements and traceable proceeds must be checked.
The tool asks for sale and payment records but does not classify proceeds automatically.
Prepare communication with the estate
Describe the asset, legal basis and evidence precisely. Keep claims for return and payment analytically separate.
Do not remove or dispose of assets without clarifying the legal position.
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.
When may a separation right arise? +
Where an asset in the estate does not belong to the debtor, subject to the specific ownership and possession facts.
Is an invoice sufficient proof of ownership? +
Not always. Contract, ownership terms, delivery, payment and identification should be read together.
What if the asset was sold after proceedings opened? +
Section 44 IO contains a substitute separation rule whose requirements need individual 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.
Insolvency avoidance
Document payments and security received during the crisis and assess the relevant context.
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