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.

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01 March 2018

One, two, three – inflation of experts in arbitration?

The Annual Conference of the Swiss Arbitration Association that took place in Zurich on 2 February 2018 (conference materials and some impressions from the conference) dealt with conflicting assumptions on expert evidence in arbitration and with the question of how to handle them in practice. During the lively debate, the "cultural clash" between the common law approach and the civil law position appeared more vigorous than I had anticipated.

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15 February 2018

Piercing the corporate veil in debt enforcement

Can a creditor, for the purposes of enforcement against the debtor company, access the assets of the individual shareholders? Can the real estate owned by a family foundation be seized, or property owned by the foundation be utilised, against the founder's debts for the enforcement of tax debts of a founder? These and other questions arise in the context of the so-called "piercing of the corporate veil".

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