How can I help you?

My specialisations

I have deliberately concentrated on one field: insolvency law, representing debtors and creditors and serving as a court-appointed insolvency administrator.

What I handle for you in insolvency law

Representing debtors: in bankruptcy proceedings (Konkurs­verfahren) and restructuring proceedings (Sanierungs­verfahren) I act for debtors who run a business, from the application through the court hearings to the restructuring plan; I can also step in once proceedings have been opened. I represent the debtor in dealings with the insolvency administrator, and in most proceedings I also work together with the administrator. On the Corporate insolvency page I describe the duties that apply even before the application is filed.

Representing creditors: I represent creditors in lodging their claims, at the verification hearing (Prüfungs­tag­satzung), in the vote on a restructuring plan and, if a claim remains disputed, in the court action to establish it (section 110 of the Austrian Insolvency Code, Insolvenz­ordnung, ‘IO’). In Austria, claims are lodged with the insolvency court, not with the insolvency administrator (section 104(1) IO). If the insolvency administrator challenges transactions from the period before the opening by way of insolvency avoidance (Anfechtung, sections 27 et seq. IO) and recovers what was transferred, so that all creditors are treated equally, I advise and represent those affected; as insolvency administrator I assert such claims myself.

Directors’ liability: managing directors and board members are liable to the company for breaches of the duty of care (section 25 GmbHG, section 84 AktG) and to the creditors for the damage caused by a late insolvency application. I advise them before it comes to that and represent them once such claims are raised against them. As insolvency administrator I examine such claims myself and pursue them. Civil liability must be distinguished from criminal liability, for instance for grossly negligent impairment of creditors’ interests (sections 159 and 161 of the Austrian Criminal Code, StGB).

Insolvency administration: the insolvency courts, in particular the Vienna Commercial Court (Handels­gericht Wien), appoint me insolvency administrator (Masse­verwalter) and restructuring administrator (Sanierungs­verwalter) regularly; the proceedings in which I am appointed and which are currently visible in the insolvency database (Insolvenz­datei) are listed on the Proceedings page. The court confers these offices and I cannot be retained for them; as administrator I am independent of the debtor and the creditors (section 80b IO) and represent neither the debtor nor any creditor in those proceedings. Having been involved in more than 300 insolvency proceedings, I know both sides of the proceedings.

Personal bankruptcy: debt settlement proceedings (Schulden­regulierungs­verfahren) are meant to lead people who do not run a business out of debt step by step, through a payment plan or through skim-off proceedings with the discharge of the remaining debt; the district court has jurisdiction. I represent debtors from the application onwards or take over the case at whatever stage it has reached. On the Personal bankruptcy page I explain the steps and the duration and answer the most frequently asked questions.

Restructuring and reorganisation: my work often begins before the insolvency application, when you, your tax adviser and I need to establish whether an out-of-court settlement with the creditors, restructuring proceedings or a restructuring plan within bankruptcy proceedings is feasible. Restructuring proceedings can be opened as soon as inability to pay is imminent (section 167(2) IO); if the creditors accept the restructuring plan and the court confirms it with final effect, the debtor keeps the business. On the Restructuring proceedings page I describe the requirements and the procedure.

Cross-border insolvency proceedings: within the EU, under the European Insolvency Regulation (Regulation (EU) 2015/848, ‘EIR’), the main insolvency proceedings are opened in the Member State in which the debtor has the centre of its main interests (Article 3 EIR); the judgment opening them is recognised in all other Member States (Article 19 EIR). I advise debtors with assets or creditors in several countries and represent foreign creditors in Austrian proceedings, in German, Polish and English. On the Lodging a claim page I explain what creditors from other Member States need to bear in mind when lodging a claim, for instance as regards language.

Beyond that, I advise existing clients on corporate and contract law, mainly where it is connected with an insolvency. I refer everything else to colleagues who deal with it every day.

Dr. Lukas Peichl, attorney at law in Vienna · As at October 2026

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