Insolvency and Restructuring Law

When payments stop, speed decides. We enforce claims consistently, defend against unjustified proceedings and guide companies through restructuring or bankruptcy.

Request a consultation +41 71 511 45 05 info@steurifisch.ch

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What we do for you.

Collection and Debt Enforcement

Reminders, enforcement requests and continuation — structured and without unnecessary cost, until the claim is paid or a certificate of shortfall is issued.

Setting Aside the Objection

Removing the debtor's objection in provisional or definitive proceedings — and defence where enforcement against you is unjustified.

Attachment

Securing assets at risk by attachment before they are removed from reach — with the required prima facie evidence.

Bankruptcy and Ranking of Claims

Filing and enforcing claims in bankruptcy, challenging the schedule of claims and assignment of claims under Art. 260 of the Debt Enforcement Act.

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Restructuring and Composition

Support in over-indebtedness: subordination, capital measures, composition moratorium and composition agreement — in good time rather than too late.

Cross-Border Enforcement

Recognition and enforcement of foreign judgments under the Lugano Convention and recognition of foreign bankruptcy decrees under the Private International Law Act.

From Default to Enforcement

Swiss debt enforcement and bankruptcy law is set out in the Debt Enforcement Act and follows a fixed sequence: enforcement request, payment summons, objection, setting aside of the objection, request for continuation. Depending on whether the debtor is entered in the commercial register, the route leads to seizure or to bankruptcy. Every step has its own deadlines; miss one and you start again. We conduct proceedings for creditors consistently and with an eye on cost — and on the other side we resist unfounded enforcement, up to deletion from the debt enforcement register.

Setting Aside, Attachment and Certificates of Shortfall

An objection stops enforcement. It is removed in setting-aside proceedings: definitively on the basis of a judgment (Art. 80 Debt Enforcement Act), provisionally on the basis of an acknowledgement of debt (Art. 82). Where assets are at risk of disappearing, attachment secures access (Art. 271). If a certificate of shortfall remains at the end, the claim is not lost: it becomes time-barred only after twenty years and revives as soon as the debtor has assets again.

Restructuring Instead of Bankruptcy

For companies, insolvency law begins earlier than many assume. If the interim balance sheet shows a capital loss or over-indebtedness, the board has duties to act (Art. 725, 725a and 725b Swiss Code of Obligations). Options include subordination of claims, capital reduction and increase, the sale of business units, or a composition moratorium followed by a composition agreement. We assess the options soberly, keep the board's liability risks in view and accompany discussions with banks and principal creditors.

Cross-Border Matters

Claims do not stop at the border. Judgments from the EU and EFTA area are recognised and enforced under the Lugano Convention; beyond it the Private International Law Act applies. Foreign bankruptcy decrees can be recognised in Switzerland (Art. 166 et seq. of that Act), capturing assets located here. Conversely, we support Swiss creditors in filing claims in foreign proceedings.

Cooperation with SFW Verwaltungsdienste AG

In debt enforcement and bankruptcy matters we work with SFW Verwaltungsdienste AG in Wil SG. The company specialises in debt enforcement and bankruptcy administration and handles, among other things, the conduct of proceedings, schedules of claims and realisations for public offices and private parties. This combines legal representation with proven procedural practice from inside the offices — useful wherever the procedure, and not only the legal question, decides the outcome.

Your contact persons.

Raphael Fisch

Partner · MLaw & BA phil. — Attorney at Law and Public Notary

+41 71 511 45 05 r.fisch@steurifisch.ch

Fabian Steuri

Partner · M.A. HSG — Attorney at Law and Public Notary · Certified Specialist SBA Inheritance Law

+41 71 511 45 05 f.steuri@steurifisch.ch

Wayne Hess

MLaw UZH — Attorney at Law and Public Notary

+41 71 511 45 05 w.hess@steurifisch.ch

Book an appointment +41 71 511 45 05 info@steurifisch.ch

Frequently asked questions.

What does debt enforcement cost?

The debt enforcement office's fee follows the fee ordinance to the Debt Enforcement Act and starts in the double-digit franc range for small claims. The creditor initially advances it; the costs are added to the claim and borne by the debtor if enforcement succeeds.

What is the difference between provisional and definitive setting aside of an objection?

Definitive setting aside is granted to anyone producing an enforceable judgment or equivalent title (Art. 80 Debt Enforcement Act). For provisional setting aside an acknowledgement of debt suffices, such as a signed contract (Art. 82); the debtor may contest it within twenty days by an action for denial of the debt.

When is my company at risk of bankruptcy?

For debtors entered in the commercial register, enforcement leads to bankruptcy: after the bankruptcy warning the creditor may file the bankruptcy petition. Independently, the board must act where there is well-founded concern of over-indebtedness and, if necessary, notify the court (Art. 725b Swiss Code of Obligations).

Can I enforce a foreign judgment in Switzerland?

Yes. For judgments from EU and EFTA states the Lugano Convention applies; a declaration of enforceability can be obtained as a preliminary question in setting-aside proceedings. For other states recognition follows the Private International Law Act. Foreign bankruptcy decrees are recognised under Art. 166 et seq. of that Act.

What is an attachment and when is it available?

Attachment is a precautionary seizure of the debtor's assets (Art. 271 Debt Enforcement Act). It requires a ground for attachment, such as residence abroad or a definitive certificate of shortfall, and prima facie evidence of the claim and of the assets. The attachment must then be pursued within the statutory deadline.

What is the point of a composition moratorium?

A composition moratorium buys time for a company capable of restructuring: enforcement proceedings are stayed, an administrator supervises the process, and a composition agreement with creditors can be worked out (Art. 293 et seq. Debt Enforcement Act). Timing is decisive — the earlier the petition, the greater the prospect of continuing operations.

Other practice areas.

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