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INSOLVENZDATEI

Additional content of the insolvency declaration


ADDITIONAL CONTENT OF THE INSOLVENCY DECLARATION

Invitation to lodge a claim. Time limits to be observed!
Покана за предявяване на вземания. Да се съблюдават евентуални срокове!
Opfordring til anmeldelse af fordringer. Vær opmærksom fristerne!
Aufforderung zur Anmeldung einer Forderung. Etwaige Fristen beachten!
Täitekutse nõude esitamiseks. Jälgige tähtaegu !
Kehotus saatavan ilmoittamiseen. Noudatettavat määräajat!
Invitation à produire une créance. Délais à respecter!
Πρόσκληση για αναγγελία απαιτήσεως. Προσοχή στις προδεσμίες.
Invito all'insinuazione di un credito. Termine da osservare!
Poziv na prijavu tražbine. Rokovi kojih se treba pridržavati!
Pieprasījums pieteikt prasību. Jāievēro noteiktie laika limiti!
Reikalavimas registruoti prašymą. Prašom laikytis nurodytų datų !
Oproep tot indiening van schuldvorderingen. In acht te nemen termijnen!
Wezwanie do zgłoszenia wierzytelności. Uwzględnić ewentualne terminy!
Aviso de reclamação de créditos. Prazos legais a observar!
Convocare pentru anuntarea unei creante. Respectati eventuale termene!
Anmodan att anmäla fordran. Tidsfrister att iaktta!
Výzva k prihláseniu pohľadávky. Dodržiavajte príslušné lehoty!
Poziv za prijavo terjatve. Upoštevajte morebitne róke.
Convocatoria para la presentación de créditos. ¡Plazos aplicables!
Výzva k přihlášení pohledávky. Všimněte si případných lhůt!
Felszólítás követelések bejelentésére. Kérjük, hogy az esetleges határidőket
vegyék figyelembe !



Lodging a claim in insolvency proceedings

1. Purpose of lodging a claim:

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).


2. Which claims?

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.
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.


4. Where?

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 "Logdement of a claim in insolvency proceedings" 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)


6. Costs of lodging a claim:

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.


10. Insolvency database

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.

Stand: 04.03.2022