Expertise
For companies in difficulty, their directors and their creditors, at every stage.
In a few words
The Federal Debt Enforcement and Bankruptcy Act (SchKG/LP) governs debt collection and insolvency.
The earlier a struggling business looks at its situation, the more options remain: a restructuring or a debt-restructuring moratorium is often only possible if the board acts in time.
Our approach
When a business is in financial difficulty, time works against it. We start with a diagnosis: cash, balance sheet, debts due and pending debt collection. It shows whether a rescue is still possible, and by what means: agreements with creditors, new financing, subordination of claims or a debt-restructuring moratorium.
For creditors, we act at every stage: debt collection, setting aside objections, filing claims in the bankruptcy and, where assets were diverted or creditors favoured, avoidance actions or liability claims.
In Neuchâtel, debt collection and bankruptcy are handled by the cantonal debt collection and bankruptcy offices. Court decisions, such as opening bankruptcy or granting a moratorium, fall to the regional courts.
Who for
Tight cash flow, over-indebtedness, pressing creditors: we analyse the situation, assess the prospects of a restructuring and guide the board through its duties.
An unpaid claim, a debtor under moratorium or in bankruptcy: we assert your rights in the proceedings and, where appropriate, against the officers responsible.
What we handle
Diagnosis, restructuring, composition moratorium, directors’ liability and liquidation.
What is at stake
If a company is over-indebted, the board must in principle notify the court. The law provides exceptions, in particular when creditors agree to subordinate their claims, but they require quick action and a well-documented situation.
Some acts carried out in the months before a bankruptcy can be set aside, especially those that favour one creditor over the others. Decisions taken during this period must be weighed carefully.
Mismanagement, reducing the assets or failing to keep proper accounts are criminal offences. Timely advice helps directors get through a crisis without exposing themselves to prosecution.
Law and tax
Debt waivers, asset sales, liquidating a company: these steps have tax consequences for the business and its shareholders. We anticipate them in the rescue or liquidation plan.
Get in touch
A question, a dispute, a decision to challenge? Describe your situation in a few lines: we will reply by email or call you back, whichever you prefer.
+41 32 354 35 40Monday to Friday, 8:00–12:00 and 14:00–17:30
