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Posts tagged #insolvency

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Limits on Repayment Arrangements

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, or OGH) has recently reviewed a case concerning the repayment of several million euros following a consultancy agreement with an Austrian bank that subsequently went bankrupt. Once insolvency proceedi...

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Insolvency Challenge: No Jurisdiction for Assigned Claims

Civil Law 

The Higher Regional Court (Oberlandesgericht, OLG) Vienna ruled on the international and local jurisdiction for avoidance claims asserted by the insolvency administrator, both on their own behalf and for assigned claims. Share-sale payment dispute In...

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Austrian OGH: Only Estate-Related Parts of Probate Halted by Insolvency

Civil Law 

In the case at hand, upon the passing of the testator in 2023, probate proceedings commenced. The son and daughter contested the appointment of an estate administrator, challenged the approval of the insolvency application, and objected to the denial...

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