Insolvency and Restructuring

We have extensive experience in representing creditors and debtors in complex domestic and cross-border (in-court and out-of-court) restructuring and insolvency proceedings. We also assist our clients in identifying and addressing insolvency related risks through appropriate structuring of transactions and contract drafting, and often counsel creditors in pre-insolvency enforcement scenarios. We also provide advice to banks and other creditors in connection with the securing and/or enforcement of their claims. If and when bankruptcy authorities are involved, we represent insolvent companies and creditors in the context of a liquidation, composition and restructuring.

Our work includes:

• Representing creditors in Swiss insolvency proceedings
• The renegotiation of all contracts with suppliers, service providers, clients or credit providers and banks
• Advising companies in (out-of-court and in-court) restructuring and refinancing proceedings, including the tenure of the position of curator in companies which have applied for a moratorium
• Advising creditors and debtors on the implementation of cross-border restructuring schemes
• Advising clients on enforcement procedures with the aim of safeguarding the rights of creditors, including attachment of assets located in Switzerland
• Assisting creditors in pre-insolvency enforcement scenarios and analyzing the risks of enforcement and challenges to security in insolvency scenarios
• Advising board members and management of companies in need of financial restructuring
• Representing purchasers and sellers of distressed debts
• Insolvency-related litigation
• The sale and acquisition of distressed companies

Main Contacts: Carla Reyes, Arun Chandrasekharan