What to do when a customer abroad is insolvent
- Confirm the exact legal name, company identifier and jurisdiction. Distress alone does not establish a formal proceeding.
- Search the appropriate official source. Match the case and read the opening order and later notices. A negative or inconclusive result does not prove solvency.
- Identify the officeholder, claim recipient and case-specific deadline. Preserve the invoice, contract, delivery evidence and payment history.
- Before continuing collection or court action, check the applicable restrictions and obtain local advice where necessary. A closed case requires a different assessment.
What is corporate insolvency?
Insolvency describes a financial condition or, in context, a formal process for dealing with debts. Bankruptcy is used differently across jurisdictions and can name a particular court process. Restructuring may seek to preserve a business, administration may place it under an officeholder, and liquidation generally concerns realising assets and distributing proceeds. The local proceeding and notice matter more than the label.
Six worked creditor routes
Each example concerns a synthetic unpaid trade invoice. These are starting points, not tested end-to-end filings. Verify the current notice and applicable exceptions.
Allemagne
Where to find the notice: A supplier has an unpaid pre-opening invoice against a GmbH. Search the court notices by company and seat; match the court, case number and opening order, and distinguish preliminary measures from an opened proceeding.
Recipient and channel: submit a written claim to the appointed Insolvenzverwalter; electronic submission is possible subject to the administrator’s specified accepted channel and format.
Deadline: use the period in the opening order; section 28 prescribes at least two weeks and at most three months.
Documents: state the amount and basis; attach invoice, contract, delivery evidence and payment history.
Limitations: late filing, secured claims and other special claims need separate assessment; notices are time-limited and a blank search does not prove solvency.
France
Where to find the notice: A supplier has an unpaid pre-opening invoice in a redressement judiciaire. Search BODACC by name or SIREN and match the opening notice.
Recipient and channel: send a written déclaration de créance to the appointed mandataire judiciaire; official guidance recommends registered mail with acknowledgement of receipt.
Deadline: the ordinary period is two months from BODACC publication; certain secured creditors and creditors outside mainland France or in specified overseas situations may have different rules.
Documents: amount, due date, interest and security details, with invoice, order and delivery evidence.
Limitations: confirm the applicable exception and current case notice; BODACC is not the complete court file.
États-Unis
Where to find the notice: A supplier has an unpaid pre-petition claim in a hypothetical Chapter 7 case in the Northern District of California. Use PACER to match the debtor, court, case number and notice.
Recipient and channel: file Official Form 410 with the bankruptcy court clerk; this district offers ePOC without an ECF login.
Deadline: use the relevant asset-case notice; a no-asset case may receive a later notice setting a deadline.
Documents: Form 410 and redacted copies of invoices, contract, delivery evidence and account statement.
Limitations: PACER requires an account and fees may apply; other districts, secured and administrative claims can follow different rules.
Canada
Where to find the notice: A supplier has an unsecured pre-bankruptcy trade claim in a corporate BIA bankruptcy. Identify the estate in the OSB search and request the creditor package from the licensed insolvency trustee.
Recipient and channel: send signed Form 31 to the trustee using the channel in the package. Form version: the OSB form page says estates filed on or after 16 September 2024 use the new form and earlier estates use the pre-2024 form. Later OSB guidance says the latest Form 31 may also be used for older estates because it is not e-filed with OSB. Confirm the version with the trustee; the relevant date is when the estate was filed with OSB, not the creditor’s signature date.
Deadline: filing before the creditors’ meeting matters for voting; a specific BIA section 149 notice may require proof within 30 days after it is sent, but this is not a general deadline.
Documents: invoices, contract, delivery evidence, account statement and details of any set-off.
Limitations: OSB login and fees may apply; CCAA and secured claims are outside this example.
Australie
Where to find the notice: A supplier has an unsecured pre-liquidation claim in a creditors’ voluntary liquidation. Find the ASIC notice and verify the appointed liquidator.
Recipient and channel: contact the liquidator; when formal proof is requested, complete the supplied proof-of-debt form and deliver or post it to the liquidator, confirming the address and any electronic channel.
Deadline: use the actual notice; ASIC describes at least 14 days’ notice for formal proof.
Documents: invoices, order, delivery evidence and payment history.
Limitations: ASIC is a notice source rather than a complete case register; no debtor search or case-specific claim deadline was tested.
Inde
Where to find the notice: A foreign supplier has a trade invoice and is an operational creditor, not an employee, in a company CIRP. Match the name and CIN, verify the NCLT order, and read Form A for the current interim resolution professional or resolution professional.
Recipient and channel: submit current CIRP Form B to that IRP or RP through the channel specified in the case notice.
Deadline: use the current case notice and confirm any applicable rule with the IRP or RP.
Documents: invoice, contract, delivery evidence, payment history and signatory authority.
Limitations: direct IBBI access returned 403 during research; the form and guidance were checked through indexed official material, not a live lookup. Verify current rules, form and recipient before filing.
How cross-border insolvency rules work
The court opening a proceeding and any recognition in another country are separate questions from where a creditor files. The EU Insolvency Regulation governs certain cross-border proceedings; its scope and national rules matter. The UNCITRAL Model Law applies through individual national enactments. In the United States, Chapter 15 addresses recognition and cooperation; it does not by itself identify every creditor’s filing recipient. Check local case documents and advice.
What happens to unpaid invoices in liquidation?
An unsecured invoice may be considered alongside other claims, subject to local priority and available assets. A security interest or retention of title, a payment or supply after opening, or an existing judgment can change the analysis. Preserve evidence and ask the officeholder or local adviser how your particular claim should be handled.
Method and limitations
We link to official destinations and supporting guidance, recording the jurisdiction, access conditions and limits checked on 10 November 2026. Regional or time-limited sources are labelled. A source may be available without a tested debtor search; no actual claims were filed. Recheck the live service and the case notice before relying on it.