Page - 194 - in Austrian Law Journal, Volume 2/2021

ALJ 2021 Nunner-Krautgasser/Weidinger 194 the unseizable part of his earned income.115 Objects and claims that cannot be seized are generally not part of the insolvency estate either.116 These include – among other things – pets, ordinary household items as well as food and heating material for a period of up to four weeks (§ 250 EO). Insofar as the debtor lives in a house or flat which is part of the insolvency estate, he and those family members who live in the same household can be provided with the indispensable living quarters temporarily (§ 5 [3] IO), however, a sale of the respective house or flat is still possible. Furthermore, the insolvency court shall give the debtor the tenancy and other rights of use to residential property at his free disposal if they concern living quarters which are indispensable for the debtor and family members living in the same household (§ 5 [4] IO). The rent is then not a claim against the estate, but must be paid from the debtor's insolvency-free assets.117 The debtor may also be given objects of minor value at his free disposal; this includes claims whose collection does not promise success as well as mortgaged property. Such objects are then permanently excluded from the insolvency estate; a merely temporary exclusion is not possible.118 G. Costs of the proceedings In general, the court fees and the remuneration of the insolvency administrator as well as of the trustee must be distinguished from each other. Should an insolvency administrator be appointed, his or her remuneration typically represents the largest part of the costs of the proceedings.119 Especially due to the principle of the debtor's self-administration and the fact that an insolvency administrator is rarely appointed (cf. § 190 [1] IO), however, debt settlement proceedings are usually simpler and less expensive than the other types of insolvency proceedings.120 1. Costs of administration As has been mentioned, in consumer debt settlement proceedings generally no insolvency administrator is appointed; instead, the debtor is entitled to self-administration ("Eigenverwaltung").121 An (exceptionally) appointed administrator (§ 186 [2] and § 190 [2] IO) is entitled to remuneration plus value-added tax. The law provides for a standard remuneration, which consists of a minimum compensation as well as further remuneration 115 Neumayr/Nunner-Krautgasser, Exekutionsrecht4 (2018) 278 et seq; Kodek, Insolvenzrecht2 Rz 328; Mohr, Privatinsolvenz3 Rz 113. 116 Rechberger/Seeber/Thurner, Insolvenzrecht3 Rz 219; Mohr, Privatinsolvenz3 Rz 117; Kodek, Insolvenzrecht2 Rz 325. 117 Cf. Zoppel in Koller/Lovrek/Spitzer, IO § 5 Rz 17. 118 Nunner, Die Freigabe von Konkursvermögen: Grundfragen des Massebegriffes und der Haftungsordnung im Konkurs (1998) 112; Mohr, Privatinsolvenz3 Rz 118; cf. Kodek, Insolvenzrecht2 Rz 338 et seq. 119 Kodek, Insolvenzrecht2 Rz 196; cf. Kodek, Privatkonkurs2 Rz 763 et seq. 120 Dellinger/Oberhammer/Koller, Insolvenzrecht4 Rz 494; Kodek, Insolvenzrecht2 Rz 555. 121 Kodek, Insolvenzrecht2 Rz 558; Dellinger/Oberhammer/Koller, Insolvenzrecht4 Rz 483.