Filing your claim is the most important step for creditors in insolvency proceedings. Without it, you get nothing – even if your claim is legitimate.
Basics
Why File Claims?
| Without filing |
With filing |
| No right to recovery |
Right to recovery |
| Not considered |
Entered in table |
| Claim expires |
Claim preserved |
Who Must File?
| Creditor type |
Filing required? |
| Insolvency creditors |
Yes, mandatory |
| Secured creditors |
Yes, for shortfall claim |
| Segregation creditors |
No (demand return) |
| Estate creditors |
No (claim directly against estate) |
The Deadline
Where Is the Deadline?
The filing deadline is stated in the opening announcement:
- insolvenzbekanntmachungen.de (Germany)
- edikte.justiz.gv.at (Austria)
- shab.ch (Switzerland)
Typical Deadlines
| Country |
Usual deadline |
| Germany |
4-6 weeks after opening |
| Austria |
4-6 weeks after opening |
| Switzerland |
1 month after SHAB publication |
Missed the Deadline?
| Timing |
Consequence |
| Before verification meeting |
Usually still possible |
| After verification meeting |
Later meeting (costs!) |
| After final meeting |
Often excluded |
Important: Missing the deadline can lead to total loss.
Content of the Filing
| Information |
Example |
| Creditor |
Company, address, contact |
| Debtor |
Name, case number |
| Principal claim |
Amount, basis |
| Interest |
Calculation, period |
| Costs |
Dunning costs, collection |
| Securities |
If applicable |
| Attachments |
Invoices, contracts |
Claim Breakdown
| Position |
Details |
| Invoice No. 001 |
EUR 5,000.00 |
| Invoice No. 002 |
EUR 3,500.00 |
| Principal claim |
EUR 8,500.00 |
| Default interest |
EUR 234.50 |
| Dunning costs |
EUR 45.00 |
| Total claim |
EUR 8,779.50 |
Sample Claim Filing
[Creditor company name]
[Street, postal code, city]
[Phone, email]
To the Insolvency Administrator
[Name]
[Address]
[City, date]
Insolvency proceedings concerning the assets of
[Debtor company]
Case number: [No.]
Claim Filing
Dear Sir or Madam,
We hereby file the following claim for entry in the insolvency table:
1. Principal claim
Invoice No. 2025-1234 dated 15.10.2025 EUR 5,000.00
Invoice No. 2025-1567 dated 01.11.2025 EUR 3,500.00
------------------------------------------------
Total principal claim: EUR 8,500.00
2. Interest
Default interest (9% p.a. above base rate)
as per attached calculation EUR 234.50
3. Costs
Dunning costs (2 reminders at EUR 15) EUR 30.00
Collection costs EUR 15.00
------------------------------------------------
Total costs: EUR 45.00
Total claim: EUR 8,779.50
Legal basis: Delivery of goods pursuant to purchase agreement
dated 10.10.2025
Securities: Retention of title per our general terms and
conditions (see attachment)
Attachments:
- Copy of Invoice No. 2025-1234
- Copy of Invoice No. 2025-1567
- Copy of purchase agreement/order
- General terms with retention of title
- Interest calculation
Yours sincerely,
[Signature]
[Name, position]
Interest Calculation
Statutory Default Interest
| Debtor |
Interest rate |
| B2B (businesses) |
9% above base rate |
| B2C (consumers) |
5% above base rate |
Calculation Example
| Parameter |
Value |
| Claim |
EUR 5,000 |
| Due since |
01.11.2025 |
| Insolvency |
15.01.2026 |
| Days overdue |
75 days |
| Base rate (example) |
3.00% |
| Interest rate |
12.00% p.a. |
| Interest |
5,000 x 12% x 75/365 = EUR 123.29 |
| Country |
Formal requirement |
| Germany |
Written (letter, fax; email only with administrator's consent) |
| Austria |
Written |
| Switzerland |
Written |
Electronic Filing
Many administrators accept email, some offer online forms. When in doubt: classic letter with registered mail.
Checklist Before Sending
- [ ] Complete creditor information
- [ ] Correct case number
- [ ] Claim itemized
- [ ] Legal basis stated
- [ ] Interest correctly calculated
- [ ] All documents as copies
- [ ] Securities named
- [ ] Signature present
- [ ] Deadline observed
Common Mistakes
In Filing
| Mistake |
Consequence |
| Deadline missed |
Late filing costly |
| Incomplete |
Contestation possible |
| Wrong amount |
Reduction |
| No documents |
Harder to prove |
| Wrong case number |
Assignment delayed |
Avoidable Problems
| Problem |
Solution |
| Double filing |
Check accounting |
| Already paid claim |
Reconcile accounts |
| Excessive interest |
Follow statutory rates |
| Unclear legal basis |
Attach contract |
After Filing
What Happens Then?
| Step |
Timing |
| Entry in table |
By administrator |
| Verification |
Verification meeting |
| Confirmation |
If not contested |
| Distribution |
Final distribution |
Claim Contested?
| Contesting party |
Response |
| Administrator |
File declaratory action |
| Other creditor |
File action against them |
Declaratory Action
| Aspect |
Details |
| Deadline |
1 month after contestation |
| Jurisdiction |
Insolvency court |
| Costs |
Court and attorney fees |
| Consideration |
Often not worthwhile for small claims |
Additionally Assert Security Rights
With Securities
If you have securities (e.g., retention of title), file both:
- Security right: Preferential satisfaction from the security
- Shortfall claim: For the uncovered portion
Example
| Position |
Amount |
| Total claim |
EUR 10,000 |
| Security (goods value) |
EUR 6,000 |
| Secured portion |
EUR 6,000 |
| Shortfall claim |
EUR 4,000 |
Conclusion
Filing claims is formally simple but time-critical. What matters: meet the deadline, itemize the claim completely, attach documentation. Clean filing avoids contestations and secures your right to the insolvency distribution.
Monitor business partners: Firmium informs you early about insolvency risks with your customers and suppliers.