First identify whose rights and duties are affected
Record the business concerned, your role, the case reference and the outcome you seek. This shows whether the first issue is a claim, ownership, directors’ duties or an acquisition.
Focus area
Creditors in insolvency proceedings
Review the basis of the claim, evidence, schedule status and commercial next steps.
Prepare your documents
What should you clarify before the review?
Answer two questions about your role and the documents available. The result identifies missing records and prepares the next steps for individual review.
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.
Case matrix
Four positions require four distinct review paths
It is not enough to know that an amount remains unpaid. First identify whether you seek payment of a claim, rely on security, assert ownership of an asset or need to respond to a disputed claim.
Claim
Consequence
Once proceedings have opened, the claim must be assessed under the proceedings and section 102 IO. The court notice and the basis of claim determine the route.
Evidence to secure
Contract, performance, invoice, due date, payments, credits and any judgment.
Wrong reflex
Continue ordinary collection unchanged or promise an insolvency dividend.
Security
Consequence
A pledge, guarantee or other security requires separate analysis of creation, validity, priority and enforcement.
Evidence to secure
Security agreement, perfection act, register evidence, instruments, correspondence and the current collateral.
Wrong reflex
Treat the security as a mere attachment to the invoice or enforce it without review.
Ownership
Consequence
A specifically identifiable third party asset may engage section 44 IO and a separation route. Payment and return remain distinct remedies.
Evidence to secure
Chain of title, clause, delivery, serial number, location, processing and any traceable proceeds.
Wrong reflex
Remove the asset without authority or infer ownership from an unpaid invoice alone.
Disputed claim
Consequence
After filing, the schedule must show whether and by whom the claim was admitted or disputed. Only then can the procedural consequence be assessed.
Evidence to secure
Filing, schedule extract, dispute record, service documents and evidence of the claim basis.
Wrong reflex
Treat the dispute as a clerical error or simply restart ordinary reminders.
Do not collapse notice, filing and examination into one step
- 01
Read the court notice
Record the type of proceedings, court, case reference, administrator and announced dates for the specific case.
- 02
File a complete claim
Present the legal basis, amount, evidence, security and pending proceedings consistently. The linked specialist article explains the filing route.
- 03
Track the examination hearing and schedule
The examination hearing is a procedural step. The resulting schedule records admission or dispute. Use the current court notice for the hearing date and the start of any period.
- 04
Assess a dispute separately
The identity of the disputing party, reason and available procedural route cannot be derived from the invoice alone. Service and litigation status require review.
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. The specialist article on filing after a debtor’s insolvency explains why ordinary collection no longer provides the complete route.
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. Use the current notice for the start of the filing period.
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.
How does the tool support the filing period review? +
It organises the relevant documents and directs users to the current court notice, which provides the start of the filing period.
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.
Would you like us to review a claim, owned goods or a decision in a business crisis?
Tell us your role, the business concerned and the procedural status. We respond within one business day.
Direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000