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
Patrik Mauchle
Associate
Focus
Bankruptcy of a commercial tenant
Many catering businesses or businesses in the event industry are still suffering financial losses due to the Corona pandemic. As a result, many businesses are experiencing financial difficulties, which can result in bankruptcy at worst. The consequences of these bankruptcies not only affect the businesses, but also regularly have precarious consequences for their landlords.
Duty of a third party to provide information to the bankruptcy administration
In its decision BGE 5A_126/2020, the Federal Supreme Court specified the duty of a third party to provide information to the bankruptcy administration. In this decision, the bank of the bankrupt was instructed to provide the bankruptcy office with information regarding its assets. The bank subsequently provided only part of the information requested by the bankruptcy office and pleaded that the duty to provide information under SchKG 222 para. 4 had thus been fulfilled.
Anpassungen im Schuldbetreibungs- und Konkursrecht per 1. Januar 2019
Per 1. Januar 2019 sind drei neue Bestimmungen im Bundesgesetz über Schuldbetreibung und Konkurs (SchKG) in Kraft getreten. Die neuen Bestimmungen tragen wesentlich dazu bei, dass sich ungerechtfertigt Betriebene wehren können und die Nachteile eines (ungerechtfertigten) Eintrags im Betreibungsregister nicht hinnehmen müssen.
