Creditor's interests
During insolvency proceedings, creditors cannot individually access the debtor's assets. A procedural and execution bar applies. They must file their insolvency claims with the court and are satisfied from the insolvency estate. Employees of an insolvent company can additionally file an application for insolvency pay. Furthermore, there is a six-month ban on the termination of contracts after the opening of insolvency proceedings.
Debtors must take care that their actions do not prejudice the interests of creditors.
Support and advice is available from creditor protection associations and the Chambers of Labour (→ AK)German text.
Please note
- Insolvency creditors have an insolvency claim against the debtor.
- The insolvency claim is a claim that arises before the opening of the insolvency proceedings. It must be filed with the court.
- In contrast, claims against the insolvency estate arise only after the opening of the insolvency proceedings. They do not have to be filed with the court and have priority over insolvency claims.
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Employees should contact the local Chambers of Labour (→ AK)German text.
As creditors, employees must lodge a claim with the Regional Court.
In addition, each individual employee has six months to submit an application to → IEF Service GmbH for insolvency pay to cover any outstanding claims under their employment contract. This claim must be accompanied by the application for insolvency pay.
The application for insolvency pay can also be filed with the court rather than IEF Service GmbH. In such a case, the court will forward this application to IEF Service GmbH without further examination.
Sorry, this content isn't available in English yet.
Not all of our contents and services are available in English yet. We ask for your understanding and like to assure that we are steadily working on extending our English offer.
Relevant body
The Regional Court (→ BMJ)German text
- in Vienna the Commercial Court Vienna (→ BMJ)German text
- in Graz the Regional Court for Civil Matters Graz (→ BMJ)German text
Further links
- Federal Ministry of Justice (→ BMJ)
- Gerichtssuche (→ BMJ)
- IEF Service GmbH(→ &IEF)
- Chamber of Labour (→ AK)
- Insolvenzdatei (→ BMJ)
Legal bases
- Insolvenzordnung (IO)
- Insolvenz-Entgeltsicherungsgesetz (IESG)
Responsible for the content: Federal Ministry of Justice
