Secure the case details first
Match the claim to the correct proceeding through debtor, court, case reference and opening edict. Copy the filing deadline and examination hearing exactly from the current court notice.
Creditors
Filing an insolvency claim: examination hearing, dispute and next steps
Filing an insolvency claim: understand content, deadline, examination hearing, dispute and an action for determination.
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.
31 July 2026, Mag. Bernhard Brandauer, Rechtsanwalt
A claim is not filed in Austrian insolvency proceedings by merely sending an unpaid invoice to the insolvency administrator. Insolvency creditors must assert claims with the insolvency court. The amount, basis, claimed rank and evidence need to identify the position clearly for the examination hearing.
The actual filing deadline and general examination hearing are stated in the insolvency edict. Section 74 IO sets normal timing ranges but not identical calendar dates for every proceeding. Creditors should always use the case reference and current court notice.
This article covers an ordinary insolvency claim from filing content to dispute. Security rights, estate claims and the later distribution plan involve additional rules.
Before filing
What belongs in a reliable claim file?
Court details, claim calculation, evidence and special positions need to match.
| Area | Information required | Control question |
|---|---|---|
| Proceedings | Court, case reference, debtor, type of proceedings, filing deadline and examination hearing. | Do filing and attachments belong to the correct case? |
| Amount | Principal, ancillary claims, part payments, credits, interest and calculation date. | Can the total be reproduced? |
| Basis | Contract or other legal basis, performance, accrual, due date and unresolved objections. | Do the stated facts support amount and review? |
| Evidence | Contract, order, performance record, invoice, correspondence, judgment and payment schedule. | Is each item of evidence assigned? |
| Special details | Rank, pending court case, security right, retention of title or claimed set-off. | Has each special position been stated separately? |
The form published on the Justice website should be used. Any other filing must still contain the information required by the form and section 103 IO.
Choose the next step
Is the claim ready for filing or response?
The check separates filing content, deadline, schedule status and dispute.
Discuss the specific matter with the firm.
What is the current stage of the claim?
Your answers
Review the documents
Review a late filing separately
Section 107 IO generally provides for a special examination hearing where a late claim was not dealt with at the general hearing. Very late claims may be disregarded. Check the status of the final accounts hearing and statutory cost consequences immediately.
Reconcile amount and payment history
Calculate principal, ancillary claims, part payments and credits to a clear date. Avoid a total that cannot be reproduced from the invoices and payment schedule.
Specify the basis and special positions
A later action for determination is limited to the basis and amount stated in the filing and examination hearing. Describe the legal basis and facts precisely. Security, ownership and set-off belong in their designated disclosures.
File and monitor the claims schedule
Submit the reconciled filing to the insolvency court and preserve evidence of filing. Then monitor the examination hearing and schedule. Admission, dispute and rank should remain traceable to the filed position.
Review the objector duty to act
If an enforceable claim is disputed, section 110(2) IO requires the objector to pursue the objection by action. Review the title, scope of dispute, court deadline and correct parties. The specific court notice controls.
Prepare the creditor action for determination
For a disputed claim without an enforceable title, the creditor may seek determination against all objectors under section 110 IO. The court sets a deadline of at least one month. Review filing, dispute entry and evidence together.
Clarify the dispute and effect of the title
Secure the schedule entry and court notice. Determine which part is disputed by basis, amount or rank and whether an enforceable title covers exactly that position. This determines who must bring the action.
Take the deadline and hearing from the court edict
Take the deadline and hearing from the court edict
Under section 74 IO, the opening edict contains the court, case reference, type of proceedings, administrator, filing deadline and general examination hearing. These concrete details matter more than a standard period copied from a guide.
The general hearing is normally scheduled 60 to 90 days after opening, with the filing deadline normally 14 days before it. The word normally matters. Creditors must use the dates actually ordered by the court.
The article on a creditor insolvency petition helps distinguish the opening application from the later claim filing.
State the amount, facts and evidence completely
State the amount, facts and evidence completely
Section 103 IO requires the amount, facts supporting the claim, claimed rank and evidence. A bare reference to unpaid invoices in an annex is risky if the contract, performance, due date, payments and objections remain unclear.
The claim schedule should show every calculation. Principal, ancillary claims, part payments and credits need separate lines. One calculation date prevents the filing and later claims schedule from using inconsistent amounts.
The outstanding business claim checklist helps combine contract, performance, invoice, payment and case information before filing.
Record the hearing and schedule status continuously
Record the hearing and schedule status continuously
At the examination hearing, the administrator must make a definite declaration on validity and rank for each filed claim. The debtor may dispute validity. Creditors whose claims are admitted or voting rights recognised can also dispute validity and rank of other claims.
The file therefore needs more than the word filed. Record the filed amount, admitted amount, disputed part, rank, person making the declaration and date. The schedule status describes this later stage.
Break down any partial dispute mathematically. This shows whether the basis is accepted while interest, tax, counterclaims or individual items remain disputed.
Do not confuse late filing with automatic invalidity
Do not confuse late filing with automatic invalidity
Claims filed after the deadline can, where practicable, still be included in the general hearing. Otherwise section 107 IO generally requires a special examination hearing.
Claims filed later than 14 days before the hearing on the final accounts are disregarded. Section 107 also provides for reimbursement of 50 euros plus VAT for the special hearing unless earlier filing was impossible and this is properly asserted and substantiated.
These rules do not make delay advisable. They show why the current procedural stage needs immediate review and why a blanket statement that a late filing is always possible would be wrong.
Identify who must act after a dispute
Identify who must act after a dispute
Where validity or rank remains disputed, a creditor may seek determination against all objectors on the contentious route. The basis and amount are limited by the filing and examination hearing, so a completely new basis cannot simply be added later.
For an enforceable claim, section 110(2) IO reverses the duty to sue. The objector must pursue the objection by action. Compare the title, finality, claim identity and scope of dispute closely.
The insolvency court sets the specific deadline, which must be at least one month under section 110(4) IO. The creditor hub places filing, security and the commercial decision in context.
Filing and dispute form one chain: Unclear statements of amount, basis and evidence can impair later determination. A dispute should not be answered without the schedule entry, title review and court deadline.
FAQ
Common questions about filing a claim
Must a claim be filed despite pending litigation? +
Yes. Section 102 IO also applies where litigation is pending. The filing must additionally state the court and case reference.
Where is the claim filed? +
Under section 104 IO, with the insolvency court in writing or orally on the record. Statutory form and copy requirements apply to written filings.
Is filing impossible after the deadline? +
Not automatically. Section 107 IO governs late filings and a possible special hearing. Very late claims can be disregarded and costs may arise.
Who brings an action for a disputed claim? +
For an untitled claim, generally the creditor against all objectors. For an enforceable claim, section 110(2) IO requires the objector to pursue the objection by action.
How long is the deadline for an action? +
The insolvency court sets the actual deadline. Section 110(4) IO requires at least one month. The court order in the individual case remains decisive.
Further reading
Review the claim and procedural status
Creditors in insolvency
Review claim basis, security and schedule status together.
Creditor insolvency petition
Distinguish the opening petition from the later claim filing.
Review the distribution plan
Check admitted amount, dividend and objections in the distribution stage.
Filing of a claim
Read the glossary definition and distinction.
Schedule status
Distinguish admission, dispute and unresolved review.
Outstanding business claim checklist
Organise contract, performance, invoice and payment records.
Request legal review
Submit the edict, filing and dispute entry in an organised form.
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Topics
Claim filingExamination hearingDisputeInsolvency creditorClaims schedule
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