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    Art. 190(1)(II) of the Debt Enforcement and Bankruptcy Act – or a shortcut to bankruptcy
    2013-09-27

    The standard debt enforcement process

    Filed under:
    Switzerland, Insolvency & Restructuring, Lenz & Staehelin, Bankruptcy, Debtor, Debt, Circumstantial evidence
    Location:
    Switzerland
    Firm:
    Lenz & Staehelin
    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
    Zurich Supreme Court confirms criminal liability
    2014-02-21

    Introduction
    Facts
    Decision
    Comment


    Introduction

    Filed under:
    Switzerland, Insolvency & Restructuring, Litigation, MLL Legal Ltd, Debtor, Consideration, Liquidation, Swiss Federal Tribunal
    Authors:
    Sabina B. Schellenberg
    Location:
    Switzerland
    Firm:
    MLL Legal Ltd
    Firm that laid 'golden egg' hotel goes bust
    2014-08-15

    Stilli Park declares bankruptcy
    Recent case law


    Stilli Park declares bankruptcy

    On June 2 2014 Stilli Park AG, the leaseholder of the Intercontinental Davos – a hotel with the singular shape of a golden egg – declared bankruptcy.

    Filed under:
    Switzerland, Insolvency & Restructuring, Leisure & Tourism, Litigation, MLL Legal Ltd, Bankruptcy, Debtor
    Authors:
    Sabina B. Schellenberg
    Location:
    Switzerland
    Firm:
    MLL Legal Ltd
    Asia restructuring and insolvency briefing - Taiwan
    2009-01-30

    What are the options for companies in financial difficulty in Taiwan?

    If the company is listed on the Taiwan stock exchange, then the company may pursue a formal reorganisation as set forth under Article 282 of the Company Act.  

    If a listed company (as referred to above) is unable to pursue reorganisation, and in respect of all other companies, a company will enter into a formal bankruptcy procedure under the Bankruptcy Act in order to implement an equitable and orderly repayment scheme amongst its creditors.  

    Filed under:
    Taiwan, Insolvency & Restructuring, Norton Rose Fulbright, Share (finance), Public company, Bankruptcy, Shareholder, Debtor, Board of directors, Debt, Liquidation, Chamber of commerce, Prejudice, Debt restructuring, Trustee
    Location:
    Taiwan
    Firm:
    Norton Rose Fulbright
    Revision of Federal Debt Collection and Bankruptcy Act
    2013-06-14

    Introduction
    Crucial points of revision
    Harmonisation of restructuring law
    Restructuring law in financial sector
    Outlook

    Filed under:
    Switzerland, Insolvency & Restructuring, MLL Legal Ltd, Debtor, Debt, Liquidation
    Authors:
    Sabina B. Schellenberg , Martina Kessler
    Location:
    Switzerland
    Firm:
    MLL Legal Ltd
    The Thai perspective— effect of bankruptcy on arbitration
    2010-07-20

    Thailand introduced reforms to its bankruptcy laws in 1998 in the aftermath of the 1997 Asian financial crisis. Those reforms introduced business reorganisation provisions similar to the Chapter 11 provisions of the US Bankruptcy Code. Further amendments have been made to the Thai bankruptcy laws, which are now governed by the Bankruptcy Act BE 2483 (1940) as amended by the Bankruptcy Act (No. 7) BE 2547 (2004).

    Filed under:
    Thailand, Arbitration & ADR, Insolvency & Restructuring, Mayer Brown, Bankruptcy, Debtor, Arbitration clause, Statute of limitations, Debt, Liquidation, Balance sheet, Constitutional amendment, Title 11 of the US Code, United States bankruptcy court
    Authors:
    James Rix
    Location:
    Thailand
    Firm:
    Mayer Brown
    Creditors’ rights over the life insurance of debtors
    2013-05-03

    A person’s debts do not come to an end just because he or she has died. After the debtor has passed away, the creditor is entitled to seek repayment of the debt from the debtor’s estate. Some debtors have life insurance under which the insurer will pay compensation to the beneficiaries stated in the policy, the debtor’s heirs where no beneficiaries are specified in the policy and, in certain cases, the debtor’s creditors. Under the Civil and Commercial Code of Thailand, creditors are entitled to be repaid from insurance benefits in three specific circumstances, as detailed below.

    Filed under:
    Thailand, Insolvency & Restructuring, Insurance, Tilleke & Gibbins, Debtor, Beneficiary, Debt, Life insurance
    Authors:
    Noppramart Thammateeradaycho
    Location:
    Thailand
    Firm:
    Tilleke & Gibbins
    Reorganization: Business Survival during a Crisis
    2016-01-08

    Thailand is no stranger to tumultuous events, be it unrest in the Deep South, widespread flooding, economic slowdowns in trading partners, domestic protests, exchange rate instability, global economic crises, or flailing tourism.

    Filed under:
    Thailand, Insolvency & Restructuring, Litigation, Tilleke & Gibbins, Debtor, Accounts receivable
    Authors:
    Chusert Supasitthumrong
    Location:
    Thailand
    Firm:
    Tilleke & Gibbins

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