Insolvency and Restructuring

Drawing on their vast body of experience, our team analyse crisis situations rapidly and cost-effectively. In a race against time, we devise solutions for creditors and debtors that are easy to implement and assist in implementing these solutions with optimum results.

Enforcement

By way of execution (attachment or debt enforcement proceedings), we enforce domestic and foreign judgments for national and international creditors against debtors, who are resident, have their registered office, or hold assets in Switzerland.

Composition proceedings and bankruptcy

In composition proceedings and bankruptcies, we act as administrators, liquidators, trustees in bankruptcy, or members of creditor committees. We bring actions to contest schedules of claims and avoidance actions. We assist foreign receivers and trustees in bankruptcy in expanding insolvency proceedings into Switzerland and in recovering assets located there.

Restructuring

We develop reorganisation plans for debtors in financial distress and assist in their implementation. We conduct negotiations with important creditors (lenders, employees, or suppliers) and advise on M&A transactions in crisis situations.


Contact

Further specialists

Publications

Graf Karin / Umbach-Spahn Brigitte

Recognition and Enforcement of Foreign Arbitral Awards in Swiss Insolvency Proceedings – lessons learnt from the decisions of the Swiss Federal Supreme Court in the Swissair case (in German)
Summary of the article in the ASA Bulletin, Volume 36, No. 4, 2018: When can a foreign arbitral award be enforced in Swiss insolvency proceedings against the insolvent defendant? This question arises because according to the pro-visions of the NYC, enforcement may be refused if the subject matter of the dispute is non-arbitrable. The arbitrability of insolvency-related claims is contentious under Swiss law and actions to contest a schedule of claims are portrayed as being non-arbitrable. In the Swissair case, the Supreme Court has now rendered various deci-sions dealing with the significance of foreign civil judgements for the assessment of claims and related schedules of claims proceedings in Swiss insolvency proceedings. The principles thereby developed can be applied to arbitration and lead to the identification of four different scenarios. These scenarios are discussed in the article.

Bachmann Roland

Arbeitsrecht und SchKG
In: Wolfgang Portmann/Adrian von Kaenel (Hrsg.), Fachhandbuch Arbeitsrecht, Zürich 2018 (in German)

Hilber Sarah / Umbach-Spahn Brigitte / Wüthrich Karl

Newsletter 2/18: My business partner won't pay up. What should I do?
An important business partner always pays my invoices late. And then eventually payments cease altogether. There are rumours in the industry that the business partner is about to go bust. What should I do?

Das Recht des Gläubigers zur Einsicht in den Geschäfts- und den Revisionsbericht (in German)
AJP 4/2018, S. 448 ff.



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