Insolvenzdatei

Additional content of the insolvency declaration

If a creditor wants to be satisfied from the insolvent’s assets, he has to lodge his claim in the insolvency proceedings, even if there is a civil case pending or a verdict has already been delivered. In case of insolvency proceedings regarding the assets of natural persons there can be additional negative consequences for the creditor, namely in case of a settlement plan (Zahlungsplan) or the introduction of so called “skim-off-proceedings” (Abschöpfungsverfahren).

The invitation to lodge a claim refers to insolvency claims. This means monetary claims a creditor already has at the time the insolvency proceedings are opened. The fact that a claim is not secured by a right to separate satisfaction (e.g. right to pledge or lien, equitable lien) does not make any difference. The claim can still be lodges as an insolvency claim. If a claim secured by a right to separate satisfaction is not lodged, this does not have effects on the existence of this right.

3. When?

The claims have to be lodged during the lodging time given in the insolvency declaration. In case they are lodged too late the creditor has to pay the costs for an additional verification hearing caused by this. The only exception is if it was not possible to lodge the claim earlier and the creditor sustains this when lodging the claim and at the latest during the additional verification hearing also certifies it. Claims lodged later than 14 days before the hearing for the final account are not considered in the insolvency proceedings.</br>
In insolvency proceedings relating to the assets of natural persons, insolvency creditors who have not lodged their claims at the time of the decision on the settlement plan, have a limited claim to the quota payable under the settlement plan only if they have not been notified of the opening of the insolvency proceedings (section 197 (1) IO). This rule is applicable for payment plans, where the application for acceptance of the plan was lodged with the court after July 16th 2021.

The claims have to be lodged at the court competent for the decision on opening insolvency proceedings (insolvency court).

5. How?

The insolvency claims have to be lodged in writing. The claims have to be lodged in Austrian currency (Euro). For the exchange rate the day of opening the insolvency proceedings is relevant. In the writing the amount of the claims and the facts on which they are based as well as means of evidence that can be presented in order to prove the alleged claims have to be given. When lodging the claim, the form "Anmeldung einer Forderung im Insolvenzverfahren" should be used which is published on the website of the judiciary at "www.justiz.gv.at". If a creditor does not use the provided form, he has to ensure that his writing includes the same information as requested in the form.

The form and possible attachments have to be filed in 2 copies. The creditors have to bring the means of evidence for proving their claims to the first meeting of the creditors unless they are already filed together with the form. (insolvency creditors from abroad: please also refer to item 9)

The filing fee for lodging a claim is 25 Euro. It can be paid by direct payment to the bank account of the insolvency court, by direct debiting, by paying cash at the insolvency court as well as by cash machine cards or credit cards at the insolvency court. The bank account numbers of the insolvency courts are listed in the court database on the homepage of the Austrian Justice System at "www.justiz.gv.at".

7. Information on insolvency proceedings regarding the assets of natural persons (private insolvency -Privatkonkurs):

Rights (e.g. pledge or lien) to the income of a work relation or on other returning payments substituting the income have to be lodged during the time limit for lodging claims at the insolvency court. They are extinguished if they are not lodged until the decision on the settlement plan is taken, unless the income is situated in a member state of the European Communities with the exception of Denmark. If the hearing on the decision on the settlement plan has to be postponed because such rights are claimed too late, the creditor has to pay the costs for the postponed hearing.

8. Information for employees:

Claims for insolvency-income payments have to be lodged within six months from the opening of insolvency proceedings at the competent office of the IEF-Service GmbH or at the insolvency court, otherwise they are excluded.

9. Information for insolvency creditors from abroad:

The form for lodging the claims has to be in German. Only creditors with their usual residence, permanent residence or seat in a member state of the European Union (with the exception of Denmark) are allowed to lodge their claims also in the official language of their country.

More information on the lodging of claims by insolvency creditors from abroad can be found in Articl 55 of the Regulation (EU) 2015/848 on Insolvency Proceedings.

Information on the progress of the proceedings can be obtained free of charge in the insolvency database, accessible in the internet at www.edikte.justiz.gv.at.