Disputed claim in insolvency proceedings: determine the claim after filing
What creditors should review under section 110 after a filed claim is disputed in Austrian insolvency proceedings.
12 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Filing a claim in insolvency proceedings does not always end the matter. If the claim is disputed or only partly accepted, creditors should quickly structure which documents are missing and whether further pursuit makes economic sense.
This article starts with the dispute. It explains table status, evidence, deadline risk, litigation risk and the possible next route for creditors.
The court notice, the filing and the dispute note must be read together for a reliable assessment.
What matters after the dispute?
The orientation separates table status, evidence and further procedural route.
Already know you want to get in touch? Go straight to the enquiry form.
What is currently known?
The next step depends on documents, due date, objections and economic sense.
Overview of all answers.
Document the dispute
Record who disputed the claim, in what amount and for what reason. The next step can then be reviewed.
Separate partial amounts
If partly accepted, accepted amount, disputed amount, interest and costs should be recorded separately.
Flag timing risk
The court-set deadline controls insolvency follow-up steps. Preserve the notice and assess the next route against it.
Legal review frame
Under sections 102 to 107 of the Austrian Insolvency Code, a filed claim is reviewed and may be accepted or disputed. The guide to filing a claim in debtor insolvency explains that earlier step.
Section 110 is the central review point for a disputed claim. The disputed claims topic page addresses defects, set-off and retention in ordinary claim disputes.
An insolvency claim therefore depends on table status, the scope of the dispute and the procedural route that follows. Dividend, evidence and economic sense shape the decision.
Documents that now matter
Relevant documents include filing, legal basis, invoices, contracts, performance evidence, correspondence, payment status and information on the dispute. The guide to evidence in a claim action adds a useful way to match the claim and its proof.
It matters whether the claim was disputed in full or only in part. Partial amounts, interest and costs should be recorded separately.
For a first assessment, summarise the claim, filing, dispute and proceeding status briefly and in chronological order.
Declaratory action or action by the disputing party
Section 110 distinguishes whether the disputed claim is based on an enforceable title. For a claim without such a title, the creditor may seek a declaration on the contentious route against all parties disputing it. For an enforceable claim, the disputing party generally has to bring an action asserting the objection.
The insolvency court sets the deadline. Section 110 (4) requires at least one month. The specific court notice controls. Compare title, finality, claim identity and the scope of the dispute before taking the next step.
The declaration remains tied to the legal basis and amount stated in the filing and at the examination hearing. Where only part is disputed, accepted amount, disputed amount, interest and costs must remain traceable separately.
Practical note: After a dispute, precise orientation matters. Not every disputed claim justifies litigation automatically, but it should not be abandoned without review.
Distinction from general claim filing
Claim filing establishes the amount, legal basis, rank and evidence brought into the proceedings. Once the claim is disputed, the key questions become table status, the scope of the dispute and the route to a determination.
If only part is disputed, accepted and contested positions must be kept separate. This prevents a later action or response from relying on an unclear total balance.
The claim-filing article covers the earlier procedural step. This article focuses on the response to the dispute.
How the firm reviews the next step
The review brings together the reason for the dispute, claim basis, evidence, table status and economic sense of further pursuit.
These materials show whether evidence needs supplementing, the scope of the dispute needs clarification or a declaration should be prepared.
If a court deadline is approaching, the notice, deadline wording and file number must be complete. The claim check helps structure the essential claim and document details.
Frequent questions on disputed insolvency claims
What does a disputed insolvency claim mean?
After filing, it was not accepted in full or at all. Who disputed it and why must be reviewed from the proceeding status.
Who has to bring an action for a disputed claim?
For a claim without an enforceable title, the creditor may generally seek a declaration against all disputing parties. For an enforceable claim, section 110 (2) generally requires the disputing party to bring the action asserting the objection.
How long is the deadline for a declaration?
The insolvency court sets the specific deadline. Section 110 (4) requires at least one month. The court notice in the individual proceeding remains decisive.
What role does an enforceable title play?
Where there is an enforceable title, section 110 (2) generally places the action on the disputing party. The title, finality and scope of the objection must be reviewed.
What matters if only part of the claim is disputed?
The accepted and disputed amounts must be shown separately. The same applies to interest, costs and evidence for each position.
Related pages
Debtor insolvency
Review claim filing instead of ordinary collection
Disputed claim
Classify objections and counterclaims before further enforcement
Claim check
Organise claim, dispute and supporting documents
Subscribe to legal news
Receive new articles and legal guidance from the firm with BRANDaktuelle Rechtsnews.
Insolvency, Disputed claim, Claim filing, Declaratory action, Creditor, Claim, Austria, BRANDAUER