Your law firm for Debt Enforcement and Bankruptcy Law in Zug, Zurich and Walenstadt (St. Gallen)
Swiss Law Solutions KLG is your reliable partner for all questions relating to debt enforcement and bankruptcy law. Our experienced team of lawyers will advise you competently and personally and represent you as a company or private individual in all proceedings under the Swiss Federal Debt Enforcement and Bankruptcy Act (SchKG), particularly in the Zug, Zurich and Walenstadt (St. Gallen) area.
Our team of lawyers has many years of experience in the field of debt enforcement and bankruptcy law and is at your side with in-depth legal acumen, commitment and foresight.
Our services in debt enforcement and bankruptcy law, briefly outlined:
1. Betreibungsverfahren
- Legal advice on securing claims and avoiding legal disputes
- Legal advice and support in drafting agreements that, in the event of non-payment, can serve as provisional orders for payment in debt enforcement proceedings
- Legal advice and notarization of enforceable official records, which can serve as definitive orders for payment in debt enforcement proceedings
- Filing of debt collection requests and execution of debt collection proceedings
- Legal counsel and representation in procedures for the removal of a payment objections (i.e., applications for the confirmation of provisional orders for payment and definitive orders for payment)
- Removal of legal proposals by actions for recognition of claims (if no provisional order for payment or definitive order for payment is available)
- Removal of entries from the debt collection register
- Filing as well as defending against actions to have claims declared unfounded (so-called "Aberkennungsklage"/"action en libération de dette", i.e. the action brought by the debtor being pursued with which the debtor can dispute the existence, amount or due date of the pursued claim despite the provisional order for payment having been granted by the court)
- Requests for cancellation or discontinuation of debt enforcement proceedings
- Actions for the declaration that the debt does not exist or no longer exists or has been deferred (Art. 85a SchKG)
- Recovery actions (Art. 86 and 187 SchKG)
- Third party actions (actions to clarify alleged third-party rights to seized assets)
- Legal advice and representation in collocation proceedings (i.e., proceedings to determine which creditors are to be satisfied in the debt enforcement, in what order, and with what share of the seized assets or bankruptcy estate)
- Legal advice and representation in distraint and realisation procedures
- Supervisory complaints according to Art. 17 ff. SchKG
- Employment law advice in connection with wage collection and regarding distraint protection
2. Bankruptcy proceedings
- Legal assistance and representation throughout the entire bankruptcy proceedings (from the filing for bankruptcy, to the opening of bankruptcy proceedings, to assistance with the inventory or appeals against the non-inclusion of assets, to protective measures, the call on creditors, participation in creditors' meetings, exclusion of assets, revocatory actions, revendication actions, the entire collocation procedure, the liquidation of assets, and distribution)
- Applications for revocation of bankruptcy
- Actions for exclusion of assets and revendication actions (actions to clarify the extent of the bankruptcy estate if the ownership of certain assets is disputed because third parties assert rights to them)
- Legal advice and representation in collocation proceedings
3. Attachment proceedings and protective measures proceedings
- Filing of and representation in attachment proceedings
- Securing claims that are not based on monetary payments or the provision of security, e.g. interim court measures to protect property
- Swiss Law Solutions KLG has abundant experience and an excellent track record, particularly in the area of securing and recovering collector's items, especially collector's cars (exclusive Ferrari, Porsches, Lamborghini, etc.) and attachment requests.
- Claims for damages resulting from unjustified attachment (Art. 273 SchKG)
- Objections to attachment orders (Art. 278 SchKG)
- Actions for validation of the attachment (Art. 279 SchKG), i.e., enforcement of the asserted claim in order to ensure that the legal attachment remains in place as a protective measure
4. Revocatory actions ("paulian actions", i.e. reintegration of assets into the bankruptcy estate or the distraint assets, respectively)
- Revocatory actions against gratuitous transfers (Art. 286 SchKG)
- Revocatory actions against transactions in case of over-indebtedness (Art. 287 SchKG)
- Revocatory action against transactions with intent to defraud creditors (Art. 288 SchKG)
5. Composition proceedings
- Extrajudicial composition proceedings
- composition applications according to Art. 293 ff. SchKG
- Requests for confirmation or rejection of composition agreements (Art. 304 ff. SchKG)
- Requests for revocation of composition agreements (Art. 313 SchKG)
- Action for recognition of claims in ordinary composition proceedings (Art. 315 SchKG)
- Requests for withdrawal of the composition agreement vis-à-vis individual creditors (Art. 316 SchKG)
- action to contest the collocation plan (i.e. the schedule of claims) in composition proceedings (Art. 321 SchKG)
6. Worker protection during restructuring, bankruptcy and composition proceedings
- Employment law assistance regarding collective redundancies and social plans
- Securing of wage entitlements and social benefits
- Labor law aspects of company takeovers from the bankruptcy estate
- Protection of employee rights in composition proceedings
- Legal assistance for reorganizations and restructurings
