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    Litigation in a downturn
    2009-11-24

    With the current economic crisis significantly affecting global business, certain procedural remedies can be particularly useful in order to deal with unpaid debts.

    The most common of these procedural remedies in Spain is the so-called 'proceso monitorio', which consists of a special payment procedure used for the recovery of specific monetary debts which:

    Filed under:
    Spain, Insolvency & Restructuring, Litigation, Bird & Bird LLP, Debtor, Debt
    Authors:
    Pablo Berenguer
    Location:
    Spain
    Firm:
    Bird & Bird LLP
    Forgiveness of distressed debt in Europe
    2009-03-31

    Tax treatment in the hands of the creditor

    In Sweden, debt is typically waived through either judicial settlement (Sw. offentligt ackord) (which will not be discussed here) or through private settlement (Sw. underhandsackord) between creditor and debtor.

    Filed under:
    Sweden, Insolvency & Restructuring, Tax, Bird & Bird LLP, Debtor, Waiver, Accounts receivable, Accounting, Debt, Liquidation, Tax deduction, Distressed securities
    Location:
    Sweden
    Firm:
    Bird & Bird LLP
    The new Swiss international insolvency law - How does it affect foreign insolvency practitioners?
    2019-03-05

    On 1 January 2019, the revised Section of the Swiss Private International Law Act (PILA) regarding cross-border insolvencies entered into force. The revision became necessary as the previous regulation was criticised in particular for its protectionist elements, which also were a recurring topic in discussions with foreign colleagues and insolvency practitioners. Particularly compared to other European countries, Switzerland had apparent modernisation potential.

    Filed under:
    Switzerland, Insolvency & Restructuring, Private Client & Offshore Services, MLL Legal Ltd, Debtor
    Location:
    Switzerland
    Firm:
    MLL Legal Ltd
    Securitisation transactions: avoidance actions under DEBA
    2019-07-02

    Introduction

    Filed under:
    Switzerland, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Walder Wyss Ltd, Debtor
    Authors:
    Johannes A Bürgi , Elisabeth Moskric
    Location:
    Switzerland
    Firm:
    Walder Wyss Ltd
    International Briefings
    2018-11-15

    The Swiss Debt Enforcement and Bankruptcy Act (DEBA) allows the initiation of debt enforcement proceedings before a court becomes involved. A creditor can request the competent debt enforcement office (normally at the domicile of the debtor) to issue a payment order to the debtor. The office serves that payment order without verifying the existence and enforceability of the purported claim; however, the debtor may declare its objection, within 10 days, to the debt enforcement office.

    Filed under:
    Switzerland, Banking, Insolvency & Restructuring, Bär & Karrer, Bankruptcy, Debtor, Debt
    Location:
    Switzerland
    Firm:
    Bär & Karrer
    Debt collection and insolvency: is it all about money?
    2015-06-19

    Introduction
    Measures against abusive insolvencies

    Filed under:
    Switzerland, Company & Commercial, Insolvency & Restructuring, MLL Legal Ltd, Debtor, Debt collection
    Authors:
    Sabina B. Schellenberg , Stéphanie Oneyser
    Location:
    Switzerland
    Firm:
    MLL Legal Ltd
    Proposed revamp of provisions on recognition of foreign bankruptcy proceedings
    2016-01-22

    On October 14 2015 the Federal Council published a revision project for the Private International Law Act regarding the recognition and coordination of foreign bankruptcy proceedings in Switzerland.

    Current situation

    A foreign insolvency decree can be recognised in Switzerland, at request of the foreign liquidator or a creditor, only if:

    Filed under:
    Switzerland, Insolvency & Restructuring, MLL Legal Ltd, Bankruptcy, Conflict of laws, Debtor
    Authors:
    Sabina B. Schellenberg , Stéphanie Oneyser
    Location:
    Switzerland
    Firm:
    MLL Legal Ltd
    Attempt to coordinate bankruptcy proceedings in Swiss and foreign proceedings
    2016-02-26

    Introduction

    Filed under:
    Switzerland, Insolvency & Restructuring, MLL Legal Ltd, Bankruptcy, Debtor
    Authors:
    Sabina B. Schellenberg , Stéphanie Oneyser
    Location:
    Switzerland
    Firm:
    MLL Legal Ltd
    The revised Swiss restructuring law
    2013-11-15

    The Swiss Federal Assembly has passed the revised Swiss restructuring law in the closing vote of 21 June 2013. The referendum deadline has expired uncalled on 10 October 2013. The primary aim of the partial revision of the Swiss Debt Enforcement and Bankruptcy Act is to facilitate restructurings.

    Filed under:
    Switzerland, Insolvency & Restructuring, Lenz & Staehelin, Debtor
    Authors:
    Tanja Luginbühl
    Location:
    Switzerland
    Firm:
    Lenz & Staehelin
    Revision of insolvency law enters into force as of 1 January 2014
    2014-02-07

    Drawing on the experiences gained from the Swissair grounding in 2001, many critical voices have been raised that Swiss insolvency law should be revised and should focus more on the restructuring of companies rather than their liquidation. Now, 12 years after the commencement of the Swissair insolvency proceedings and after various discussions and negotiations in the Swiss parliament, the revised Swiss insolvency law finally entered into force as of 1 January 2014.

    Filed under:
    Switzerland, Employment & Labor, Insolvency & Restructuring, MLL Legal Ltd, Debtor, Liquidation
    Authors:
    Sabina B. Schellenberg , Sanna Maas
    Location:
    Switzerland
    Firm:
    MLL Legal Ltd

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