Avoid unnecessary downtime
Due to the pandemic and its economic impact, Switzerland is currently facing a wave of coronavirus-related bankruptcies among companies. As a creditor of such a company, you should make every reasonable effort in the event of bankruptcy – depending on the amount of your claim and the debtor’s assets – to avoid unnecessary bad debts.
It is of fundamental importance to file your claim in the bankruptcy proceedings (please note the notices of the bankruptcy authorities and in particular the debt notices in the SOGC). Even a mere percentage settlement of your claim can significantly reduce your losses.
It is particularly worth consulting a lawyer in cases where a bankruptcy offense (such as preferential treatment of creditors) could exist. It is also worth consulting in cases of Paulian avoidance, in which the debtor has unjustifiably expropriated himself before bankruptcy. Finally, it may also be worth examining the responsibility of the company’s executive bodies and their liability. This proves to be useful, for example, if the board of directors of a public limited company called the bankruptcy judge too late despite being aware of over-indebtedness and you as a creditor have suffered a loss as a result.
Matthias Fricker
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the University of St. Gallen, graduating with a Master in Law (M.A. HSG in Law) in 2012, registered in the Bar Register of the Canton of Zurich, member of the Zurich Bar Association.
Fabian Füllemann
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the Universities of St. Gallen and Zurich, graduating with a Master of Law UZH in 2013, registered with the Zurich Bar Registry, member of the Zurich Bar Association.
