© Raphale Hefti: "Lycopodium" 2011 <    >

Insolvency / Reorganization Proceedings / Liquidation

We advise companies and their directors and officers in all matters relating to insolvency and reorganization proceedings. We do this regardless of whether they are already involved in insolvency proceedings or whether they need to act according to statutory regulations, for example by notifying the court where the interim balance sheet shows that the claims of the creditors are not covered any longer. We also give advice where an inability to pay or over-indebtedness is only impending.

We advise private individuals on the new possibilities for debt rescheduling provided by the revised debt enforcement and bankruptcy law that came into effect on January 1, 2014. Unlike bankruptcy, composition proceedings can lead to a discharge of debts.

We explain the different courses of action available to our clients and point out the risks involved under penal and liability law. We advise our clients on the following proceedings provided by statutory law: stay of insolvency proceedings, insolvency, debt restructuring moratorium and composition agreement. We accompany our clients throughout these proceedings, also with regard to dealing with authorities, and we support them in their negotiations with creditors in order to enable an out-of-court settlement or debt rescheduling.

We advise our clients about the restructuring of their business; together with our clients we prepare and implement reorganization concepts. We are specialized in setting up rescue companies that make it possible to carry on with profitable operations or parts of profitable operations. Our aim is to avoid breaking up the company and the ensuing losses. We also deal with or provide support in respect of out-of-court liquidations of companies.