Banking and Finance (27)

Corporate Law (20)

Employment (15)

Insolvency and Restructuring (20)

Real Estate (16)

Tax Law (19)

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Terms found Action for the restoration of ownership Amended dismissal Annuity Appeal against a decision Asset Assignment of Claims (Cession) Austrian Public Employment Service (AMS) Banking secrecy Bankruptcy proceedings BaSAG Book value / carrying amount Branch Brokerage Agreement Building Law Business Business entity Call for Tenders Capitalisation Casual Employment Certification Change in Operations Collective Bargaining Agreement Company Agreement Company Pension Comparison of business assets Compensation Compliance Compulsory enforcement Consumer Protection Act Corporate Reorganisation Act (URG) Corporation Covenants Debt restructuring Debtor Declaration of consent Decree Deferral Discount Dividend Double taxation Double-entry bookkeeping Easement Employee Stock Ownership Equity Equity loan Factoring Fees Act Financial plan Foreclosure sale Foreign-currency loan General partnership General Protection Against Dismissal Global assignment GmbH Group taxation Guarantee Guarantee credit Hidden reserves Hire Purchase Insolvency Insolvency Act Insolvency administrator Insolvency estate Insolvency register Inspection of the Land Register Inventory Land Register Letter of comfort Lien Limited partnership Liquidation Loan Loss Carryforward Maternity leave Merger Natural person Nominal value Option Outsourcing Part-time work Partnership Personal insolvency Pledge principle Preliminary decision on an appeal Progression Prohibition of alienation and encumbrance Prohibition on the repayment of deposits Property income tax Provision Proxy Public Limited Company Reallast Repayment Restriction on Transfer Restructuring proceedings Retention of title Revision Right of first refusal Right of retention Rights in rem Self-consumption Severance Pay Severance Pay new Severance Pay old Shareholder loans Short-time work Silent partnership Skimming procedure Social Plan Sole Proprietorship Standard value Stock Subscription right Superstruction Supervisory Board Tenancy agreement Works Council

Insolvency estate

What is the insolvency estate?

The insolvency estate comprises all of the debtor’s domestic assets subject to enforcement at the time of the opening of insolvency proceedings, as well as any assets newly acquired by the debtor during the insolvency proceedings, less the debtor’s living expenses. Foreign assets are to be included in the insolvency estate insofar as relevant bilateral treaties exist and they fall within the scope of the EU Insolvency Regulation. The debtor’s private assets are therefore also part of the insolvency estate.

Unlike in restructuring proceedings under self-administration, the opening of bankruptcy proceedings or restructuring proceedings without self-administration deprives the debtor of the power to dispose of the assets subject to insolvency. From the commencement of insolvency proceedings, the insolvency administrator assumes responsibility for the safekeeping and administration of the assets subject to insolvency. Assets not forming part of the insolvency estate are referred to as assets exempt from insolvency. These essentially include assets exempt from enforcement and new acquisitions exempt from enforcement, as well as the debtor’s maintenance allowance from such new acquisitions, sufficient to ensure a modest standard of living. Assets of negligible value remaining after the final distribution also remain exempt from insolvency proceedings if a supplementary distribution is not worthwhile in view of the costs involved.

Learn more about our insolvency and restructuring division. Please feel free to contact us for further information.