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
Felix Imbach
Junior Associate
Sven Pschorn
Junior Associate
Faris Beganovic
Junior Associate
Filip Lapadatovic
Junior Associate
Focus
Right to inspect according to Art. 8a DEBA
According to Art. 8a para. 1 Federal Act on Debt Enforcement and Bankruptcy (DEBA), any person who can credibly demonstrate an interest may inspect the records and registers of the debt enforcement and bankruptcy offices and obtain extracts from them. According to Art. 8a para. 2 DEBA, such an interest is deemed to be credible in particular if the request for information is made in direct connection with the conclusion or performance of a contract.
The competent debt enforcement office decides on a case-by-case basis whether and to what extent an interested party is granted access, taking into account the evidence of interest attached to the application or the facts justifying the interest listed therein. According to case law, access must be granted if there are serious indications that an interest is likely to exist.
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.
