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".
14 December 2017
Basel Swiss Civil Procedure Code (CPC) Day: News in Civil Procedure and Enforcement Law
The Basel CPC-Day 2017 held on 3 November 2017 (see here for the program - in German only) dealt with current practical questions and news concerning the various kinds of civil procedures and enforcement. Particularly important for both creditors and debtors are that an element of risk is no longer required for an attachment based on a judgment and that there are new trends regarding interrupting the statute of limitations by debt enforcement.Read more
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.