Posts tagged #insolvency proceedings
All PostsBasic Subsistence Level after Insolvency: Future Care Costs
Procedural LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) addressed the issue of when a debtor’s minimum subsistence level can be raised during insolvency proceedings, considering anticipated future care and support costs. During debt settle...
DE: ‘Inflation Bonus’ Is Garnishable
Civil LawThe inflation adjustment bonus (hereinafter referred to as inflation bonus) paid by employers is income from employment and as such is garnishable, according to the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH). In the present ...
DE: Schufa - Data processing after termination of insolvency proceedings
Civil LawThe German Higher Regional Court (Oberlandesgericht, OLG) of Schleswig-Holstein ruled: Schufa is allowed to process the data of an insolvency debtor for a maximum of six months after the insolvency proceedings have been cancelled. In March 2020, the ...
OGH on service in insolvency proceedings
According to Section 257 para 2 of the Insolvency Code (Insolvenzordnung, IO), the consequences of the service already come into effect through the public announcement, even if the specific service has been omitted. Notwithstanding the individual ser...
Still no obligation to inquire about insolvency for non-entrepreneurs
The Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that even easily accessible information in the edict file via the internet does not change the fact that non-entrepreneurs are not obliged to inquire about possible insolvencies of thei...
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