Review an Austrian insolvency distribution plan: dividend, claim amount, rank, objections, security and later distribution.
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.
The distribution plan shows which estate assets are available for distribution and the amount allocated to each insolvency claim. The published dividend is therefore only the starting point for a creditor. The claim amount, rank, schedule status, security and payments already received must match the creditor file.
Section 129 IO defines the contents of the distribution plan. Section 130 IO provides access to the plan and a period of 14 days for statutory objections known as Erinnerungen. Disputed claims, secured claims and late filings are subject to additional rules.
This article explains the review from a creditor perspective. It adds the route from the distribution plan to payment to the creditors in insolvency hub.
The general dividend alone does not identify the amount actually payable. Each position must be reconciled with claim status and any special rights.
| Review field | Statutory starting point | Records required | Core question |
|---|---|---|---|
| Assets for distribution | Sections 128 and 129 IO require available estate assets and a distribution route capable of approval. | Distribution plan, reports, court notice and any corrections. | What amount is actually available for this distribution? |
| Own claim | Section 129(3) IO requires the claims in rank order and the amount allocated to each claim. | Claim filing, examination result, claim statement and previous payments. | Are amount, rank and schedule status recorded correctly? |
| Time limited review Objections | Section 130(1) IO provides access and 14 days for Erinnerungen concerning the plan. | Notification, public notice, plan and the specific discrepancy. | Is action required within the court period? |
| Disputed claim | Section 131 IO links participation to the dispute status and timely litigation. | Dispute record, court period, evidence of filing proceedings and current status. | Should the amount be included or deposited with the court? |
| Security and shortfall | Section 132 IO governs secured creditors and the actual shortfall. | Security, ranking, realisation proceeds, costs, payments and shortfall calculation. | Has the unsecured balance been stated correctly? |
| Late filing | Section 134 IO may permit a priority catch up amount in a later distribution. | Filing date, earlier distributions, examination result and equalisation calculation. | Has an earlier omission been corrected properly? |
The actual distribution plan, court notices and court decisions remain decisive.
This check organises the plan, claim status and possible discrepancies for individual review of the dividend, time period and court file.
Discuss the specific matter with the firm.
The published dividend is not enough for reconciliation. Section 130 IO provides access to the distribution plan. Obtain the full plan and find the claim by amount, rank and proposed distribution amount.
Do not rely on an earlier dividend or an informal message from a third party. Review the current court notice, the notification and the plan identified there. These records determine access, the applicable period and the hearing.
Section 130 IO provides 14 days for Erinnerungen concerning the distribution plan. Identify the affected entry, the amount or rank considered correct and the supporting records. The start of the period must be checked from the actual court notice and notification.
Organise the amount filed, the admitted or disputed amount, rank, earlier distributions, security proceeds and the amount now proposed. This reconciliation shows whether there is a real discrepancy or only an incomplete creditor record.
Section 131 IO contains special rules for disputed claims. Relevant issues include whether the litigation period remains open or proceedings were commenced no later than the date of the distribution application. Review the actual dispute status without delay.
Section 132 IO prevents double recovery and governs the actual or estimated shortfall. Reconcile the claim, realisation proceeds, costs, amounts received and remaining shortfall with the distribution plan.
Where a claim was omitted from an earlier distribution because it was filed late, section 134 IO may permit a catch up amount in the next distribution to place the creditor on equal terms. The exception for late litigation must also be observed.
Even a plausible plan is not evidence of payment. Check the court approval and later implementation. Update the claim ledger only when the payment has actually been received.
Section 128 IO permits satisfaction of insolvency creditors only after the general examination hearing. Distributions should then take place whenever sufficient estate assets are available. The insolvency administrator carries them out after consulting the creditors’ committee and with approval from the insolvency court.
An interim distribution does not exclude later payments. The final distribution follows under section 136 IO once the estate has been fully realised, all disputed claims have been finally determined, the administrator’s claims have been fixed and the final account has been approved.
The creditor file should therefore record every payment separately by date, type of distribution, claim base, dividend and amount received. A dividend from an earlier distribution should not be applied automatically to the final distribution.
Section 129(3) IO requires the distribution plan to state all claims in their rank order, the assets available for distribution and the amount allocated to each claim. The percentage in the court notice is not enough.
Compare the amount filed with the amount admitted or still disputed in the schedule. Include part payments, credits, earlier distributions and proceeds from security. The glossary entry on schedule status explains the distinction between filing, admission and dispute.
An independent calculation should lead from the claim amount used in the plan to the proposed payment. Any difference should be traced to rank, dispute, security, an earlier payment or a correction of the plan.
Under section 130(1) IO, the insolvency court publicly announces the reviewed and, where necessary, corrected plan and the proposed dividend. The debtor and creditors may inspect it and submit Erinnerungen within 14 days. The hearing concerning any objections is announced at the same time.
An objection should not merely assert a different dividend. Identify the particular claim entry, amount or rank in issue, the correct treatment asserted and the supporting records. Determine the start of the period from the current court notice and notification and coordinate the response in good time.
Searching for records only after publication can consume essential time. Keep the claim filing, examination result, title, disputes, security settlement and previous payments in a distribution file. The creditor document check supports initial organisation but does not decide the plan.
Section 131 IO permits distributions despite a disputed claim if the amount allocated to it is deposited with the court. Participation also depends on whether the litigation period remains open or proceedings were commenced by the date of the distribution application. An earlier schedule should not be treated as current without verification.
For secured creditors, section 132 IO coordinates the general distribution and the separate estate. Amounts received, realisation proceeds, costs and the remaining shortfall belong in the same claim ledger. Security does not permit double recovery.
If a claim was filed late and could not be included in an earlier distribution, section 134 IO may permit a catch up amount in a subsequent distribution. This does not apply where omission resulted from failure to commence proceedings in time under section 131(3) IO.
Where no objections remain, the insolvency court approves the plan under section 130 IO if no concerns exist. Where objections are maintained, the court decides after the necessary enquiries. Court approval and implementation must therefore be monitored separately until the payment is credited.
Further estate assets may emerge after the final distribution. Section 138 IO provides for a later distribution where deposited amounts become available, payments flow back to the estate or further estate assets are discovered. The court may refrain where the amount is minor and the costs would be disproportionate.
Keep verified payment details and current creditor information, but change bank details only through a trusted communication route. A distribution plan, proposed objection or shortfall calculation can be submitted through the firm’s contact page for a specific legal review.
Under section 128(1) IO, satisfaction of insolvency creditors may begin only after the general examination hearing. Available estate assets, the statutory distribution route and court approval also remain relevant.
Section 130(1) IO specifies 14 days for Erinnerungen. The actual running of the period must be checked from the current court notice and notification. A general online article cannot replace that review.
Section 131 IO permits the amount allocated to a disputed claim to be deposited with the court in defined circumstances. The dispute status, open litigation period or timely proceedings are particularly relevant.
Yes. Section 138 IO governs a later distribution where amounts become available to the estate, payments flow back or further estate assets are discovered. The court may refrain where the amount is minor and the costs are disproportionate.
Review the claim basis, schedule status, security and procedural role together.
Distinguish admission, dispute and unresolved review issues for the filed claim.
Organise the claim, security and ownership separately for further legal review.
Submit the distribution plan, creditor file and specific discrepancy in an organised form.
Tell us your role, the business concerned and the procedural status. We respond within one business day.
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BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
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