Posts tagged #avoidance
All PostsInsolvency Challenge: No Jurisdiction for Assigned Claims
Civil LawThe 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...
Creditors Are Disadvantaged by Gratuitous Property Transfer
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has made it clear that certain legal acts can be detrimental to creditors if any such acts reduce previously existing funds for the satisfaction of claims by increasing liabilities or...
OGH: No temporary suspension of capital measures
Corporate LawAn application by a listed European Company (SE) for temporary suspension of capital measures has been rejected by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH). The situation was as follows: A limited company domiciled in Russia...
OGH: Criminally Obtained Assets and Insolvency
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently clarified that payments which a debtor has obtained through criminal acts are legal acts to the detriment of the creditors and can therefore be subject to contesting unde...
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