Debt Enforcement and Bankruptcy Law
Debt enforcement, bankruptcy, restructuring, reorganization, liquidation
We advise our clients in all matters related to insolvency, debt enforcement and bankruptcy law, and work together with them to devise possible restructuring and reorganisation measures. Of course, we are also at your disposal if your claims are not settled or you are financially affected by bankruptcy. Our experienced lawyers will work to ensure that your claims, whether monetary or material, are fulfilled as far as possible and that your financial loss is prevented as far as possible.
Solvent-related restructurings
We have broad experience in restructurings and distressed refinancings, and regularly advise financial institutions, creditors and debtors. In particular, we focus on the following services:
- Directors’ duties and corporate law aspects in restructuring
- Refinancing of distressed loans
- Portfolio sales and restructuring of businesses
Insolvency-related advice
We frequently represent creditors and debtors in insolvency proceedings. Our core competencies include:
- Filing of claims, debt collection proceedings and enforcement of security
- Netting, close-out and similar contractual provisions relating to insolvency events
- Bankruptcy-related corporate and financial market law matters
Insolvency-related litigation
We have many years of experience representing creditors in complex insolvency and restructuring proceedings. In particular, we focus on the following services:
- Debt collection / bankruptcy / debt recovery procedures
- Enforcement of disputed claims
- Fraudulent conveyances
- Reorganization proceedings
- Insolvency proceedings
Your Experts
Patrick Stach
Senior Partner
Michael Kummer
Senior Partner
Sheila Stach
Junior Associate
Sven Pschorn
Junior Associate
Faris Beganovic
Junior Associate
Filip Lapadatovic
Junior Associate
Focus
When the debtor reshuffles the deck – undue preference to creditors
Shortly before a company collapses, its finances are reviewed one last time and funds are distributed. It is not uncommon for the remaining funds to be channelled not equally amongst all those who stand to benefit, but rather in a targeted manner – for example, to favoured suppliers, to the bank for which the managing director has provided a personal guarantee, or to a related company. The remaining creditors are often left with a certificate of loss. Swiss law addresses this behaviour on two levels simultaneously: under criminal law through the offence of undue preference to creditors in Article 167 of the Swiss Criminal Code (SCC), and under enforcement law through the avoidance action under Article 285 et seq. of the Swiss Debt Enforcement and Bankruptcy Act (DEBA), known as the ‘Pauliana’. The following article focuses on the criminal law aspect.
Distraint of Earned Income: How to Protect Your Minimum Subsistence Level
When the debt enforcement office announces a distraint of earned income, many debtors feel trapped. Suddenly, their monthly salary becomes subject to compulsory debt enforcement measures. However, Swiss law provides effective safeguards. Those who understand the applicable rules can often achieve a manageable solution.
Retention and Bankruptcy – The Fate of the Landlord’s Pledge When the Tenant Becomes Insolvent
In practice, landlords regularly encounter situations where tenants fail to fulfill their rent payment obligations. The legal consequences are multifaceted and become particularly complex when bankruptcy is opened over the tenant. The following article examines the legal foundations of the landlord’s retention right and its treatment in bankruptcy proceedings.
