20 March 2018
I don't agree with the schedule of claims – what now?
Schedule of claims – What is it all about?
Once bankruptcy proceedings have been opened over a debtor, the bankruptcy administration must prepare an inventory to determine the extent of the bankruptcy estate. By means of public notice, the creditors and debtors of the bankrupt are requested to come forward (so-called call for claims). Within one month, the creditors must file their claims or other demands against the bankrupt with the bankruptcy administration. Subsequently, the bankruptcy administration draws up a list of claims.
The bankruptcy administration checks the registered claims and decides whether it recognizes them and, if so, in what amount and rank. Based on these decisions, it draws up the schedule of claims. It is a schedule showing the order in which the claims of the various creditors should be satisfied. The rejected demands are also marked on the schedule of claims, together with the reason for the rejection.
07 December 2017
Will foreign judgments on avoidance actions be recognized in Switzerland?
Avoidance Actions – What are they?
Debtors may be tempted to protect assets from access by a possible foreclosure. The avoidance action (also called "Pauliana") gives the bankruptcy administration, and under certain conditions the creditors, the opportunity to challenge such legal acts of the debtor. Upon approval of the actions, the assets will be foreclosed.
26 October 2017
Does open source software eliminate the need for the deposit of source codes?
Open source software can contain proprietary modules
Many open source licenses provide for strict copyleft rules. This means that all versions of the software are subject to the same license as the original license, and combinations with proprietary software modules are not possible under normal license conditions. In the case of open source licenses with strict copyleft rules, the conclusion of a deposit agreement with an independent escrow agent is actually unnecessary as the customer can request the source code from the provider at any time. If open source licenses only have weak copyleft rules, there will continue to be a need for the source code to be deposited for the proprietary software modules.