Review admission and assets after ending
Read the order, schedule and current asset position together.
Creditors
Claims after ending insolvency proceedings: lawsuit and enforcement
Which rights creditors retain after Austrian insolvency proceedings end and which records matter for a lawsuit or enforcement.
Your insolvency law team
BRANDAUER Rechtsanwälte
Insolvency law, Salzburg and throughout Austria
We review the procedural status, contracts, payment records and security, then explain which legal question needs to be addressed next.
11 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
A claim is not automatically enforceable in full once insolvency proceedings end. The reason for ending the case and any confirmed reorganisation plan change the route.
Sections 59 to 62 IO distinguish the debtor’s position from creditor rights. The schedule of claims, the result of the examination and the ending order are central records.
This article adds the later route to a lawsuit or enforcement to the general information about closing proceedings.
After the proceedings end
Which record determines the route to enforcement?
The ending order, schedule of claims and plan have different functions.
| Ending | Final order, type of proceeding | Why did the case end? |
| Claim | Schedule, examination result | Was the claim admitted? |
| Enforcement | Enforcement file, plan | Which route remains open? |
A confirmed reorganisation plan has additional legal effects.
Route to enforcement
Which record should a creditor review first?
The check orders the reason for ending and the claim records.
Discuss the specific matter with the firm.
Is the ending order final and was the claim admitted in the schedule of claims?
Your answers
Review the documents
Handle the dispute separately
A disputed claim cannot simply be enforced like an admitted claim.
Include the reorganisation plan
Review quota, due date and plan effect before taking action.
Obtain the missing records
Without the ending order and claim status the route remains unclear.
Sections 59 to 62 IO provide the framework
Sections 59 to 62 IO provide the framework
Section 59 IO addresses the effect of a final ending order for the debtor. Section 60 IO addresses the creditor’s right to sue. Section 61 IO concerns enforcement from the schedule in defined circumstances.
Section 62 IO preserves the special effects of a confirmed reorganisation plan. The ending order alone therefore does not answer every question.
Separate admitted and disputed claims
Separate admitted and disputed claims
An admitted claim may provide a different basis for enforcement than a disputed claim. Read the examination result and the complete schedule.
A dispute generally needs its own clarification. Keep amount, legal basis, dispute and partial payments separate in one table.
Review the plan before taking action
Review the plan before taking action
Where a reorganisation plan has been confirmed, quota, due date and plan wording shape the route. Enforcement should not be planned without considering those effects.
Secure the plan, confirmation order and payment record. The debtor’s performance under the plan belongs in the file.
Prepare a lawsuit or enforcement step
Prepare a lawsuit or enforcement step
A clear claim chronology should connect the agreement, due date, filing, examination, payments and ending of proceedings.
Legal review should also ask whether a new claim arose later or whether the insolvency claim remains decisive.
Ending does not mean full payment: Review the reason for ending, admission and plan before preparing a lawsuit or enforcement.
FAQ
Common questions after proceedings end
Can a creditor sue after proceedings end? +
Section 60 IO addresses the creditor’s right to sue. The reason for ending and any plan may affect enforcement.
Can the schedule be enforced immediately? +
Section 61 IO requires an admitted claim that has not been expressly disputed. The specific entry must be reviewed.
What changes with a reorganisation plan? +
Section 62 IO preserves the special effects of the plan. Its wording and payment status are decisive.
Topics
Ending proceedingsInsolvency claimsLawsuitEnforcement
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