Separate the role and statutory review first
Start with the parties, procedural status and commercial objective. Claims, ownership, director duties and acquisitions require different review paths.
Focus area
Creditors in insolvency proceedings
Review the basis of the claim, evidence, schedule status and commercial next steps.
Review path
Which documents should you organise first?
The tree structures your role and documents. It calculates no deadline and makes no legal determination.
Which role best describes your position?
Your answers
Review the documents
The documents are ready for focused legal review
With organised records, the legal question can be tested against the current procedural status and applicable law.
Close the documentary gaps first
Secure the contract, payment records, court notice and communications before making a legal or commercial decision.
Section 102 IO requires insolvency creditors to pursue their claims under the Insolvency Code, even where litigation is already pending. The first task is to separate the claim, security, ownership and procedural status.
This page explains the procedural perspective. Filing and disputed claims are covered in greater depth at forderung-eintreiben.at.
Record the role and basis of the claim
Identify the creditor, the debtor and the contract or event from which the claim arises. The invoice, due date, part payments and credits must match the claim schedule.
A claim, retention of title and security are different legal paths and should not be combined without analysis.
- Contract, order and proof of performance
- Invoice, due date and payment record
- Security, judgment and correspondence
Check the court notice and schedule
The court notice and the actual procedural status are decisive. This portal does not calculate filing deadlines.
After filing, establish whether the claim has been admitted or disputed and record the current schedule status.
Separate security from ownership
A guarantee, pledge, retention of title or separation right does not necessarily follow the same route as the insolvency claim.
For goods or machinery owned by another party, section 44 IO may require a separate review.
Prepare the commercial decision
Legal position and commercial response should be considered together. Evidence, security, procedural status and cost influence the next step.
Do not rely on generic dividend forecasts. Use the administrator reports and current case information.
General information on Austrian insolvency law as at July 2026. The assessment depends on the individual facts and current procedural status.
Frequently asked questions
What clients often ask.
Must a claim be filed if litigation is pending? +
Section 102 IO also covers claims in pending litigation. The procedural consequences require individual review.
Does the tool calculate a filing deadline? +
No. It organises documents and directs users to the current court notice.
Is retention of title an ordinary insolvency claim? +
Not necessarily. Ownership and separation rights may require a distinct analysis.
Related topics
This may also be relevant to you.
Separation rights and retention of title
Identify goods or machinery in the estate through contracts, markings and payment records.
Insolvency avoidance
Document payments and security received during the crisis and assess the relevant context.
Directors and shareholders in a crisis
Separate filing duties, crisis records and shareholder loan issues.
Do you need a clear legal assessment?
Call or write to us. We respond within one business day.
Direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000