Our Working Areas
ENFORCEMENT AND BANKRUPTCY LAW
Enforcement and bankruptcy law is a legal field that regulates debt relationships between creditors and debtors within a legal framework. It ensures the protection of creditors’ rights while allowing them to collect their receivables, and it enables debtors to act within the scope of legal safeguards.
Enforcement law governs the compulsory collection of receivables, whereas bankruptcy law covers the liquidation of insolvent debtors’ assets and their distribution among creditors. Within this scope, enforcement proceedings, seizure procedures, debt restructuring processes, and bankruptcy cases are of significant importance.
LEGAL SERVICES OF ENFORCEMENT AND BANKRUPTCY LAW
01
Legal Consultancy Service
To ensure that enforcement and bankruptcy processes are carried out in compliance with the law and to protect the rights of creditors and debtors, we provide the following consultancy services
- Legal Opinions and Reporting: Preparation of legal evaluations and reports related to enforcement and bankruptcy proceedings.
- Debt Liquidation Negotiations and Restructuring Processes: Mediation of creditor-debtor relations on a legal basis, restructuring, and establishment of payment plans.
- Ownership and Negative Declaratory Actions: Determining whether seized assets belong to a third party and initiating legal actions against unjust enforcement proceedings.
- Management of Bankruptcy and Concordat Procedures: Overseeing bankruptcy procedures for companies and individuals and handling concordat applications.
- Compliance with the Enforcement and Bankruptcy Code: Monitoring legislative updates and providing legal consultancy in line with current regulations.
- Legal Correspondence with Public Institutions: Conducting legal communications with institutions such as the Social Security Institution (SGK) and other public bodies regarding enforcement and bankruptcy matters.
02
Enforcement Proceedings
To facilitate the lawful recovery of debts, we handle the following enforcement procedures:
- Proceedings with and without Judgment: Initiating and managing enforcement proceedings based on a court decision (with judgment) or without a court ruling (without judgment).
- Proceedings Based on Negotiable Instruments: Enforcing the collection of debts arising from promissory notes, checks, and bills of exchange.
- Foreclosure on Pledged Assets: Executing the sale of movable or immovable pledged assets in cases of non-payment of debts.
- Financial Restructuring of Debts: Negotiating and restructuring debt obligations within a legal framework, ensuring the establishment of new payment arrangements.
- Monitoring and Execution of Enforcement Auctions: Overseeing the sale process of seized assets and carrying out necessary legal procedures on behalf of our clients.
03
Litigation Services
We diligently handle legal disputes arising from enforcement and bankruptcy matters, including:
- Cancellation and Removal of Objections: Initiating legal actions to cancel or remove objections filed by debtors in enforcement proceedings.
- Appraisal Objections, Complaints, and Annulment of Auctions: Challenging the valuation of seized assets and the validity of enforcement auctions.
- Compensation and Debt Collection Cases: Filing lawsuits for the recovery of receivables and enforcement of legal claims.
- Bankruptcy Postponement Cases: Providing legal support for postponing bankruptcy to allow debtor companies to improve their financial situations.
04
Arbitration Services
- Arbitration in Debt and Receivable Disputes: Providing arbitration services to resolve disputes between creditors and debtors without resorting to litigation.