Yes, the call is available
Section 57a IO covers claims arising from equity-substituting contributions. Purpose, timing and crisis context matter, not merely the accounting label.
Insolvency proceedings
Subordinated insolvency claims: check filing and ranking
Section 57a IO addresses claims arising from equity-substituting contributions. Check the court notice, filing and subordination.
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BRANDAUER Rechtsanwälte
Insolvency law, Salzburg and throughout Austria
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29 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Subordinated claims rank behind insolvency claims. Section 57a IO addresses claims arising from equity-substituting contributions.
A filing is not automatically required with every opening. It becomes relevant when the court specifically calls for subordinated claims to be filed.
The creditor must therefore separate the legal basis, the special court notice and the statement of subordination.
Legal issue
Subordinated insolvency claims: check filing and ranking
Subordinated claims rank behind insolvency claims. Section 57a IO addresses claims arising from equity-substituting contributions.
| Legal issue | Evidence | Control point | Next step |
|---|---|---|---|
| Separate legal basis from ranking | Section 57a IO covers claims arising from equity-substituting contributions. Purpose, timing and crisis context matter, not merely the accounting label. | Subordinated claims rank behind insolvency claims. Section 57a IO addresses claims arising from equity-substituting contributions. | Yes, the call is available |
| Check the specific court call | Subordinated claims are enforced like insolvency claims, but are filed only after a specific court call. A general opening notice is not automatically that call. | A filing is not automatically required with every opening. It becomes relevant when the court specifically calls for subordinated claims to be filed. | No, no specific call is available |
| State subordination in the filing | The filing must identify the subordination. State the legal basis, amount and evidence and separate principal, interest, costs and counter-performance. | The creditor must therefore separate the legal basis, the special court notice and the statement of subordination. | The procedural position is unclear |
| Keep satisfaction expectations separate | The specific call reflects an expectation of at least partial satisfaction, but does not guarantee a payment. Keep distribution status separate from the substantive claim. | Subordinated claims rank behind insolvency claims. Section 57a IO addresses claims arising from equity-substituting contributions. | Yes, the call is available |
Next step
Has the court specifically called for subordinated claims to be filed?
A filing is not automatically required with every opening. It becomes relevant when the court specifically calls for subordinated claims to be filed.
Discuss the specific matter with the firm.
Has the court specifically called for subordinated claims to be filed?
Your answers
Review the documents
No, no specific call is available
Subordinated claims are enforced like insolvency claims, but are filed only after a specific court call. A general opening notice is not automatically that call.
The procedural position is unclear
The filing must identify the subordination. State the legal basis, amount and evidence and separate principal, interest, costs and counter-performance.
Separate legal basis from ranking
Separate legal basis from ranking
Section 57a IO covers claims arising from equity-substituting contributions. Purpose, timing and crisis context matter, not merely the accounting label.
A filing is not automatically required with every opening. It becomes relevant when the court specifically calls for subordinated claims to be filed.
For the wider position of a creditor, see the creditors in insolvency topic.
Check the specific court call
Check the specific court call
Subordinated claims are enforced like insolvency claims, but are filed only after a specific court call. A general opening notice is not automatically that call.
The creditor must therefore separate the legal basis, the special court notice and the statement of subordination.
State subordination in the filing
State subordination in the filing
The filing must identify the subordination. State the legal basis, amount and evidence and separate principal, interest, costs and counter-performance.
Subordinated claims rank behind insolvency claims. Section 57a IO addresses claims arising from equity-substituting contributions.
For practical filing preparation, also see the guide to filing an insolvency claim.
Keep satisfaction expectations separate
Keep satisfaction expectations separate
The specific call reflects an expectation of at least partial satisfaction, but does not guarantee a payment. Keep distribution status separate from the substantive claim.
A filing is not automatically required with every opening. It becomes relevant when the court specifically calls for subordinated claims to be filed.
Subordination is more than a payment order: first check Section 57a IO, then the specific court call.
FAQ
Frequently asked questions
Must every subordinated claim be filed? +
No. The specific court call is decisive.
What must a filing contain? +
The legal basis, amount and evidence must be clear, and the filing must identify the subordination.
Do subordinated claims rank ahead of insolvency claims? +
No. They are considered after insolvency claims, if satisfaction can be expected.
What does this article not replace? +
It does not replace a review of the file or individual legal advice.
Topics
InsolvenzverfahrenUnterlagenPrüfung
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Address
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Phone
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