Insolvency
Creditors

Request a certified extract from the claims schedule: prove the claim determination

Request a certified extract under section 108 IO and correctly use it as evidence of the recorded insolvency claim examination result.

BRANDAUER Rechtsanwälte
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BRANDAUER Rechtsanwälte

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24 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt

After the examination hearing, creditors often need reliable evidence of the recorded status of their insolvency claim. Section 108(1) IO provides that the result of the examination is entered in the claims schedule. Under section 108(2) IO, the schedule forms part of the hearing record, and creditors may request certified extracts.

A certified extract reproduces the entry in a reliable formalised form. It therefore shows which examination result was recorded in the claims schedule. Its evidentiary scope remains tied to that documented procedural status.

This article explains which records matter when requesting and using a certified extract. The initial claim filing, an action after a dispute and the later distribution of the insolvency dividend each raise separate questions.

Keep the records distinct

Which document answers which question?

Claim records, the examination hearing, the claims schedule and distribution follow one timeline but carry different information.

Records around the examination status
Record What it shows Why it matters
Creditor filing Claim basis, amount, rank and evidence identified by the creditor. Starting point for comparison with the later examination result.
Examination hearing Statements and discussion from which the status to be recorded emerges. Substantive basis for checking the entry.
Claims schedule The examination result that section 108(1) IO requires to be entered. Record of the procedural result.
Certified extract A certified reproduction of the relevant entry in the claims schedule. Evidence when the recorded examination status must be presented in a file or to another party.
Distribution records Records used for the later calculation and review of a payment to creditors. Review of the dividend and distribution. The extract does not answer this question.

Section 108 IO connects the claims schedule with the record of the examination hearing and allows creditors to request certified extracts.

Choose the next review step

Do you need a certified extract?

This check orders the procedural stage, the purpose of the evidence and the comparison. It does not replace review of the full case file.

Discuss the specific matter with the firm.

01 Question 1

How certain is the current status of the examination hearing?

Your answers

Review the documents

01

Prepare for the examination hearing

Organise the filing, attachments, amount, rank and open questions for the hearing. A certified extract under section 108 IO concerns the recorded result of the examination and can therefore be requested meaningfully after that stage.

02

Clarify the case status and entry first

Match the debtor, court, case reference and hearing date. Then establish whether the result can be located in the claims schedule. Only then can a request for a certified extract identify the correct entry.

03

Request the certified extract precisely

Identify the insolvency case, the creditor and the examined claim as precisely as possible. Request a certified extract from the claims schedule and keep it with the filing and examination records.

04

Keep the existing records in chronological order

Keep the filing, attachments, hearing records and known schedule status in one chronology. If formal evidence is needed later, you can then connect the request for a certified extract clearly to the case and claim.

05

Compare the entry with the case file

Compare the certified or available extract with the filing, attachments and notes from the examination hearing. Record whether the difference concerns the description, amount or examination notation before seeking clarification.

06

Review rank and partial amount separately

Separate the claim basis, admitted amount and rank in your comparison note. For a partial difference, show which part agrees and which entry still requires clarification.

07

Search the case file for the missing entry

Check that the correct hearing and insolvency case were used. Save the available hearing and claim records and ask the body responsible for the case how the examination status is documented.

What section 108 IO provides for the entry and extract

Section 108(1) IO requires the result of the examination hearing to be entered in the claims schedule. The entry is therefore linked to the specific hearing and to the claim dealt with in that insolvency case. The claim must be identifiable for the requested evidence to be allocated correctly.

Under section 108(2) IO, the claims schedule forms part of the record taken at the examination hearing. Creditors may request certified extracts. The provision therefore creates a formal route to obtain the documented content of the schedule from the case file.

A request should identify the debtor, court, case reference, date of the examination hearing and the creditor claim as precisely as possible. Clear information helps locate the requested entry.

What a certified extract proves

The extract proves the content of the entry that records the result of the examination hearing. It can therefore show whether and to what extent a claim is documented in the claims schedule and which rank is stated there, if those details appear in the entry.

Certification makes the presented reproduction of the schedule more reliable as a formal record. A claim file can then show which version of the examination result is being used and which entry supports later correspondence.

The extract answers a documentation question. It does not replace review of the claim, a required response to a dispute or the later review of distribution records.

Which records to have ready for the request

Keep the filing, key attachments and proof of submission in an ordered file. Add the case reference, debtor, court, hearing date and the amount known to you. This narrows the request to the correct entry without unnecessary uncertainty.

If the same creditor filed several claims in the case, separate them by basis, amount and rank. For a partial claim, also record how it is distinguished from the remaining amount.

The article on an assignment of a filed claim shows why the documented claim status should remain in a complete file when the creditor changes.

How to organise differences between the file and entry

Compare the extract with the filing, the hearing record and your own notes. Mark whether the difference concerns the claim amount, basis, rank or a partial position. A general statement that the schedule is wrong rarely identifies the issue sufficiently for clarification.

Preserve both versions and prepare a short comparison note with the date and the exact passage concerned. This keeps clear which information appears in the extract and which statement differs in the creditor file.

If the entry cannot be allocated, first check the case reference, debtor and hearing date. Only then should the body responsible for the case receive a precise question about a missing or unclear entry.

How the evidence remains separate from filing and dividend

The certified extract does not replace the initial claim filing. The filing states which claim the creditor asserts. The extract records the entry concerning the result of the examination hearing. Both records therefore belong together in the claim file.

If the claim is disputed, the dispute entry and the further court route must be reviewed separately. The extract can prove the recorded examination status, but it does not by itself answer which party must bring an action.

The later payment requires a separate comparison of the determined amount, the calculation basis and the distribution records. The article on the distribution plan addresses that later review.

The certified extract documents the entry: Keep it with the filing, examination records and a short comparison note. This makes clear which examination status was recorded in the case.
FAQ

Common questions about a certified extract

What is entered in the claims schedule? +

Section 108(1) IO requires the result of the examination hearing to be entered in the claims schedule. The relevant entry is therefore the one for the claim examined in the individual insolvency case.

Is a certified extract the same as the hearing record? +

Under section 108(2) IO, the claims schedule forms part of the record of the examination hearing. A certified extract reproduces the requested content of the schedule in certified form. It is therefore a focused record from the case file.

Does the extract automatically prove the whole claim? +

The extract proves the content of the recorded examination result. It does not replace review of the filed claim, the part in dispute or the records relevant to a later distribution.

What should a request contain? +

State the debtor, insolvency court, case reference, date of the examination hearing and the claim as precisely as possible. If several claims exist, the basis, amount or an available entry number helps allocate the request.

Can the extract be used to review the insolvency dividend? +

Yes. It can evidence the recorded examination status for the comparison. Calculating and reviewing the dividend also requires the relevant distribution records.

Topics
Claims scheduleExamination resultClaim determinationInsolvency creditorSection 108 IO

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