Secure estate connection and interruption
Bring together the claim, opening order and last court notice. Record which relief concerns the estate.
Insolvency proceedings
Insolvency proceedings and litigation: review the stay and entry
How pending litigation is affected by the opening of Austrian insolvency proceedings and which records clarify the next step.
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.
9 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Pending litigation does not simply disappear when insolvency proceedings open. The first question is whether the dispute concerns the insolvency estate or falls within a statutory exception.
Sections 6 to 8 IO address the stay, interruption and possible entry by the insolvency administrator. Parties therefore need an orderly file containing the claim, the relief sought and the current procedural position.
This article separates that procedural review from filing an insolvency claim and from general information about insolvency administration.
Order the litigation
Which records show the next procedural step?
The claim, insolvency order and court file answer different questions.
| Estate connection | Claim, relief sought, claim schedule | Does the dispute concern estate assets? |
| Procedural stage | Opening order, court notice, deadlines | Has the case been interrupted? |
| Representation | Authority, submissions, court file | Who may continue the case? |
The effect depends on the subject matter and current stage of the proceedings.
Procedural route
Which litigation question comes first?
The path orders the next records. It does not replace a review of the court file.
Discuss the specific matter with the firm.
Does the pending dispute concern a claim against property belonging to the insolvency estate?
Your answers
Review the documents
Separate the exception
Review the precise subject matter. Not every case follows the same rule after opening.
Evidence the procedural stage
Obtain the opening order and current information from the court file.
Do not assess a new notice alone
Read the notice together with the claim and opening order.
Separate the estate connection from the label of the case
Separate the estate connection from the label of the case
Section 6 IO concerns litigation for asserting or securing claims against property belonging to the estate. The title of a case is not decisive. The relief sought is.
A payment claim may concern estate property. A separation claim or another subject needs its own assessment. Read the claim, annexes and opening order together.
Document the interruption after opening
Document the interruption after opening
Section 7 IO generally interrupts the covered pending cases when proceedings open. A court notice is not a substitute for an internal file review. Secure the opening date and the last procedural step.
Interruption does not necessarily dispose of the claim. It identifies the point at which further conduct must be assessed under the Insolvency Code.
Prepare the administrator’s decision on entry
Prepare the administrator’s decision on entry
Section 8 IO addresses refusal to enter certain litigation. A party should not assume that the former representation continues unchanged.
The administrator needs the full file: claim, evidence, orders, costs and a short assessment of the financial exposure.
Prepare the file for a consultation
Prepare the file for a consultation
A short chronology prevents the opening date, service and procedural acts from being mixed up. Note the date, sender and open issue for every record.
If the case was settled or nearly settled shortly before opening, that step should receive a separate review.
Do not assume automatic continuation: Separate the estate connection, interruption and the administrator’s entry. The court file remains decisive.
FAQ
Common questions about litigation
Is every civil case interrupted? +
No. Sections 6 and 7 IO depend on the subject matter. Exceptions and the estate connection must be reviewed.
Can the former party simply continue? +
That cannot be answered generally. After opening, entry and authority to conduct the case must be reviewed under the Code and the file.
Which records matter most? +
The claim, annexes, opening order, last court notice and a short chronology provide the core basis.
Topics
Insolvency proceedingsLitigationStayInsolvency administrator
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Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000