Offer gun shops payment plans

Payment schedule

General information

The payment plan is a restructuring plan (i.e. restructuring procedure without self-administration) without a minimum quota.

The debtor can submit the application for the conclusion of a payment plan together with the application for the opening of insolvency proceedings or thereafter until the insolvency proceedings are lifted.

Note

Further information on the subject of personal bankruptcy can also be found at USP.gv.at.

A prerequisite for a payment plan is that the debtor is a natural person and bankruptcy proceedings are pending. The entire assets must be realized and the majority of the creditors must agree. Overall, the creditors must hold the majority of the claims. Only the votes and demands of the creditors present at the meeting count.

The payment period is a maximum of seven years.

A minimum quota for the payment proposal is not provided. The creditors must be offered a quota that corresponds to the income situation of the debtor in the following five years.

When the confirmation of the payment plan becomes legally binding, the bankruptcy is canceled; the effects of bankruptcy end. The trustee will be relieved of his / her office.

The debtor regains control of his / her property. All pecuniary benefits obtained (e.g. gifts, inheritance, lottery winnings) remain with the debtor.

Deadlines

The application must be made during the ongoing bankruptcy proceedings.

Competent authority

The regional court (→ BMJ) (in Vienna: the commercial court (→ BMJ))

Legal bases

Sections 193 to 198 of the Insolvency Act (IO)

Expert information

There is no expert information available.

Last updated: January 29, 2021

Responsible for the content: Federal Ministry of Justice