Restructuring over liquidation
The authors provide a brief overview of the main novelties in the revised insolvency law. They analyse the impact of the revision on the creditors’ claims resulting from defaulted lease contracts in Swiss insolvency proceedings, drawing on examples of the treatment of aircraft lease agreements in the Swissair composition proceedings.
Roundtable Bankruptcy Litigation
Bankruptcy matters come intertwined with complex issues, and the past few years have seen significant developments. Daniel Hayek and other expert panellists from reputable law firms share their thoughts on the most recent developments on international bankruptcy litigation matters.
Insolveny and Restructuring
Daniel Hayek speaks to the magazine recent developments in the Swiss restructuring and insolvency market, advantages and disadvantages of restructuring programmes as opposed to insolvency and legal challenges and complexities arising when dealing with insolvency in our jurisdiction.
Bankruptcy Roundtable Litigation
Six partners from international law firms answer questions on challenges, legal developments, cross-border issues, financing etc. in the increasingly important area of bankruptcy litigation.
Practical implications for directors of a financially impaired company under Swiss law
This article tries to provide a brief overview of the problems which directors of a financially impaired company are facing under Swiss law. After discussing the directors’ duties, it summarises the statutory provisions aimed at protecting the existence of the company on the one hand and the interests of creditors on the other. Finally, it concentrates on the rules to be observed in connection with attempts at arranging for a private financial restructuring in a situation where the liabilities of the company already exceed its assets.