Insolvency & Restructuring · Austria
Find a bankruptcy lawyer in Austria for your insolvency case
Austria deals with insolvency matters in specialised courts that sit inside its ordinary four-tier court system, and the rules on who may represent you are strict. Tell us what has happened — as a debtor, a creditor or a company director — and we will match you, free of charge, with a Rechtsanwalt who works in this field.
- Bar-registered Austrian Rechtsanwälte only
- Insolvency, restructuring and creditor claims
- Free, no-obligation matching
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The Austrian framework
Insolvency representation in a codified civil-law system
Insolvency work in Austria sits inside a continental civil-law system built on codified Acts such as the Allgemeines bürgerliches Gesetzbuch of 1811, and it is handled by specialised insolvency courts within the ordinary court structure. Whether you are a company director facing a filing, a creditor trying to recover money, or an individual with unmanageable debt, the practical questions repeat themselves: which court, which time limits, what it costs and who may represent you. A bankruptcy lawyer in Austria answers those questions, and the Bar rules behind them are strict — only a Rechtsanwalt entered in a regional Bar list may practise, and representation is compulsory before the regional courts and all higher courts. Tell us about your situation and we will match you with a lawyer who handles this area.
Austria in detail
How insolvency and representation work in Austria
Austrian insolvency files are dealt with by specialised insolvency courts that operate within the ordinary court hierarchy, so the forum for your case depends on its size and location. The rules on qualification, mandatory representation, fees and legal aid are set out in federal legislation and apply nationwide.
Insolvency courts inside a four-tier system
Austria’s ordinary courts are organised in four tiers: 113 district courts (Bezirksgerichte), 20 regional courts (Landesgerichte), four higher regional courts (Oberlandesgerichte) and the Supreme Court (Oberster Gerichtshof) in Vienna as the highest instance in civil matters. Insolvency courts are among the specialised courts within that structure, and appeals follow the same hierarchy.
Who may practise: the protected title ‘Rechtsanwalt’
Practising as a lawyer requires entry in the list of lawyers (Liste der Rechtsanwälte) kept by one of the nine regional Bar associations, so Bar membership is compulsory under the Rechtsanwaltsordnung, with the Österreichischer Rechtsanwaltskammertag as the umbrella body. The path includes a four-year Austrian law degree, five years of practical training, mandatory training events, the bar examination and professional liability insurance. The title itself is protected by law.
When representation by a lawyer is mandatory
In civil litigation, representation by a lawyer (absolute Anwaltspflicht) is compulsory before the regional courts and all higher courts, and before the district courts where the value in dispute exceeds €5,000 under section 27 ZPO. Below that threshold you may appear in person before a district court. A Rechtsanwalt may appear before all courts and authorities in Austria, which is useful when insolvency, enforcement and ordinary claims run in parallel.
Court fees and who ultimately pays
Court fees (Gerichtsgebühren) are levied under the Court Fees Act (Gerichtsgebührengesetz, GGG) and are generally payable when a claim is filed; in civil proceedings they are calculated as a staggered percentage of the value in dispute, and an official calculator is available on the JustizOnline portal. The general rule is that the losing party bears the court fees and reimburses the winning party’s costs under sections 40 ff. ZPO.
Legal fees and legal aid (Verfahrenshilfe)
Lawyers’ fees for representation before courts and authorities follow the Lawyers’ Tariff Act (Rechtsanwaltstarifgesetz, RATG) and the General Fee Criteria, usually scaled to the value in dispute, while out-of-court work is often billed hourly; client and lawyer may agree different fees in writing. Legal aid (Verfahrenshilfe) may be granted by the court if you cannot meet the costs of proceedings without impairing the necessary maintenance of yourself and your family, and the case is not frivolous or without prospect of success.
Time limits decide whether a claim still exists
Whether a claim can still be asserted depends on its limitation period: general contractual claims lapse after 30 years, while damages claims, recurring payments such as rent, interest and maintenance arrears, and trade receivables for purchase price or work remuneration lapse after three years. Employment dismissal challenges must be brought within two weeks, which is why early advice matters.
All country-specific statements on this page come from official Austrian and European Union sources (e-Justice Portal, the RIS legal information system, JustizOnline, ÖRAK and oesterreich.gv.at) consulted in 2025.
- European e-Justice Portal – National justice systems: Austria
- oesterreich.gv.at – Court organisation of the judiciary
- Rechtsanwaltsordnung (RAO) – RIS legal information system
- Österreichischer Rechtsanwaltskammertag (ÖRAK) – structures, data and facts
- Zivilprozessordnung, section 27 – mandatory lawyer representation
- ABGB, sections 1478, 1480, 1486, 1489 – limitation periods
- JustizOnline – Verfahrenshilfe (legal aid)
Common problems
Why insolvency cases stall before they start
Most avoidable losses in Austrian insolvency matters come from a handful of practical misunderstandings.
You are not sure which court is dealing with the file
Austria’s ordinary courts run across four tiers, with specialised insolvency courts sitting inside that structure. Identifying the right forum and the correct appeal route early avoids wasted months and duplicated filings.
You assume there is plenty of time
Some claims survive for 30 years, but damages, rent arrears and trade receivables lapse after three, and an employment dismissal challenge must be brought within two weeks. Once a period has expired, a good argument is often worth nothing.
Every Rechtsanwalt may appear everywhere — but not in every field
Entry in a regional Bar list allows an Austrian lawyer to appear before all courts and authorities in the country. That says nothing about insolvency experience, so specialisation is the point to check.
Why use this service
Matching that respects the Austrian rules
We route your request to lawyers who actually work with Austrian insolvency and creditor matters.
Matched on specialisation
We look for lawyers who genuinely handle insolvency and restructuring files in Austria, not general practitioners who have simply added the topic to a website.
Bar-registered professionals
Every lawyer you are introduced to is entered in the list of lawyers of one of the nine Austrian regional Bar associations, as the Rechtsanwaltsordnung requires.
Clarity on cost before you commit
Austrian fees for court representation follow the Rechtsanwaltstarifgesetz and the General Fee Criteria, and written agreements are possible. You discuss the figures directly with the lawyer.
One request, several routes explored
Describe your situation once and receive suitable matches, whether you are a debtor, a creditor, a managing director or a spouse affected by someone else’s insolvency.
Also available in
Cross-border insolvency across Europe
If your case touches more than one jurisdiction, we can also put you in touch with lawyers in these countries.
Frequently asked questions
Bankruptcy and insolvency in Austria
Do I need a bankruptcy lawyer in Austria if I am the creditor rather than the debtor?
Creditors have their own interests to protect, and a bankruptcy lawyer in Austria can handle the filings and correspondence with the insolvency court on your behalf. Bear in mind that representation by a lawyer is compulsory before the regional courts and all higher courts, and before district courts where the value in dispute exceeds €5,000 under section 27 ZPO.
How can I check that a lawyer is properly qualified in Austria?
Practising as a Rechtsanwalt requires entry in the list of lawyers kept by one of the nine regional Bar associations, so membership is compulsory under the Rechtsanwaltsordnung. The qualification path includes a four-year Austrian law degree of at least 240 ECTS, five years of practical training, mandatory training events, the bar examination and professional liability insurance. The title is protected by law.
Can I get financial help with insolvency proceedings in Austria?
Legal aid (Verfahrenshilfe) is granted by the court on application if you cannot meet the costs of proceedings without impairing the necessary maintenance of yourself and your family, and the case is not frivolous or without prospect of success. It covers exemption from court fees and, where a lawyer is required, the free provision of one. It must be repaid if your financial situation improves, up to three years after the proceedings end.
Do Austrian courts follow previous decisions?
Austria follows the continental civil-law tradition, with core rules codified in the General Civil Code of 1811, the Civil Procedure Code, the Commercial Code and the Administrative Procedure Acts. Decisions of the Supreme Court guide the uniform interpretation of the law, but Austria is not a common-law precedent system. Proceedings are conducted in German.
How long do I have to pursue a debt in Austria?
General contractual claims can be recovered for up to 30 years, while damages claims, recurring payments such as rent, interest and maintenance arrears, and trade receivables for purchase price or work remuneration lapse after three years. Employment dismissal challenges must be brought within two weeks. These periods shape what can still be claimed.
What does it cost to be matched with a lawyer?
Nothing. Submitting your request and being matched is free and carries no obligation, and you decide whether to instruct the lawyer afterwards. Professional fees are agreed directly between you and the lawyer, typically under the Lawyers’ Tariff Act for court representation or on an hourly basis for out-of-court work.
Next step
Speak to a bankruptcy lawyer in Austria
Describe your situation in a few lines — debtor, creditor, director or private individual — and we will match you with a Rechtsanwalt who works with Austrian insolvency matters. No cost, no obligation, and your details stay confidential.