Restructuring and Insolvency Law
You have the right to support in challenging times.
Restructuring and insolvency law serves to preserve economically viable businesses and to ensure an orderly process in cases of insolvency and over-indebtedness. The attorneys of schochauer ag advise and represent companies, boards of directors, creditors, and investors in restructuring, reorganisation, or liquidation matters. We examine different courses of action, conduct negotiations with creditors, and represent your interests in court proceedings. Our goal is to ensure economic continuity or enable orderly solutions that preserve value.
Expertise in Restructuring and Insolvency Law
- Corporate restructuring and reorganisation
- Over-indebtedness and insolvency
- Debt enforcement, composition proceedings, and bankruptcy law
- Creditor protection and filing of claims/claim registration
- Liability of corporate bodies and managing directors
- Composition agreements and settlement procedures
- Debt settlement and liquidation
- Restructuring review and turnaround strategies
- Insolvency contestation and liability claims
- Insolvency administration and asset protection
Team
You have the right to advice.
Thomas Brauchli
Thomas Brauchli
Silvio Hutterli
Silvio Hutterli
Nina Oehy
Nina Oehy
Fredrik Bolt
Fredrik BoltFAQ
Practical Issues in Restructuring and Insolvency Law
When is a company considered over-indebted?
When its debts exceed its assets and no positive going-concern prognosis exists. In such a case, the board of directors must immediately take action and prepare an interim balance sheet. Further measures may include the immediate implementation of restructuring steps and, as a last resort, notification of the court.
What options exist for corporate restructuring?
Depending on the situation, capital increases, debt cuts, standstill agreements or composition agreements may be considered. The aim is to restore liquidity and confidence in order to continue operations.
What happens in bankruptcy proceedings?
In bankruptcy proceedings, assets are liquidated and creditors are paid according to their statutory ranking. We represent both creditors and debtors throughout the entire process.
Is the board of directors personally liable in the event of insolvency?
Yes, the board of directors can be held personally liable for conduct in breach of duty, e.g. if the notification of over-indebtedness to the court is delayed. Seeking legal advice at an early stage helps to avoid such risks.
How can I, as a creditor, secure my claims?
Claims should be filed promptly and supported by evidence. We also examine security interests such as liens or retention of title in order to enforce your claims in the best possible way.
Blog