Corporate reorganization and insolvency law
- Assessment and calculation of company status including advice on choice of suitable steps in reorganization or debt relief proceedings.
- Preparation and implementation of reorganization and bankruptcy procedures, including calculation of anticipated requirements of reorganization plans.
- Filing of application for reorganization or bankruptcy proceedings and representation before insolvency courts and towards insolvency administrators.
- Enforcement of insolvency claims for creditors and their representation in insolvency proceedings of debtors; enforcement of title retention and lien rights (segregation and separation rights).
- Defence of avoidance actions
- Acting as insolvency administrator on behalf of the courts
A recent decision by the Austrian Supreme Court (OGH) brings a further tightening of liability for loans granted by group companies in crisis. OGH extends refund claim for downstream loans against the controlling parent company of the group. The Supreme Court affirms the right to compensation for disadvantages within the Group in the case of vertical lending (downstream) beyond the wording of the Austrian Equity Capital Act (EKEG) and beyond the principles of the prohibition of return of deposits.More
Final clarification by the Austrian Supreme Court: The offsetting-authority of creditors ends with the fixation of a restructuring plan
On 01.12.2015, 6 Ob 179 / 14p, the Supreme Court has finally ruled on the diverging jurisdiction and doctrines on the legal effects of a restructuring plan on creditors who are entitled to offset.More