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Insolvency and Restructuring

CMS Switzerland’s Insolvency and Restructuring Team has extensive knowledge in the field of both domestic and international insolvency, restructuring and enforcement law.

Our Competencies

Our core competencies include the representation of parties in all matters of debt enforcement, bankruptcy and restructuring related proceedings before Swiss authorities and courts, such as:

  • Debt enforcement, bankruptcy and composition proceedings
  • Proceedings to set aside the objection
  • Debt enforcement and bankruptcy related appeal proceedings
  • Proceedings concerning actions to contest the schedule of admitted claims
  • Opposition proceedings
  • Avoidance action proceedings
  • Proceedings concerning the freezing of assets
  • Proceedings concerning the enforcement of foreign judgements and arbitration awards in Switzerland

Furthermore, we advise Swiss companies, as well as domestic and foreign financial creditors on restructuring and reorganisation measures. This includes, in particular, providing advice on nonperforming loans and bonds, debt restructuring and financing operations, debt equity swaps, judicial and extrajudicial composition agreements and restructuring loans.

We also have a wealth of experience in the field of international insolvency law, such as advising and assisting foreign insolvency administrators in the enforcement of claims in Switzerland resp. in the addition of domestic assets to the foreign insolvency estate.

"Highly responsive, strongly advocating client's interests, excellent collaboration with authorities."

IFLR 1000, Insolvency, client feedback, 33rd edition (2023/2024)

"CMS was extremely responsive and their knowledge of the specific local bankruptcy processes helped to mitigate an immediate impact on our business. They showed extraordinary skills in communicating with the involved authorities.”

IFLR 1000, Insolvency, client feedback, 33rd edition (2023/2024)

"Very responsive and highly professional."

IFLR 1000, Restructuring, client feedback, 33rd edition (2023/2024)

CMS offers ‘advice on short notice’, ‘transparent fees’, an ‘effective global network’ and ‘services that are tailor-made and focused on the clients’ needs based on a deep understanding of their businesses.

The Legal 500, Switzerland, 2018

"Highly responsive, strongly advocating client's interests, excellent collaboration with authorities."

IFLR 1000, Insolvency, client feedback, 33rd edition (2023/2024)

"CMS was extremely responsive and their knowledge of the specific local bankruptcy processes helped to mitigate an immediate impact on our business. They showed extraordinary skills in communicating with the involved authorities.”

IFLR 1000, Insolvency, client feedback, 33rd edition (2023/2024)

"Very responsive and highly professional."

IFLR 1000, Restructuring, client feedback, 33rd edition (2023/2024)

CMS offers ‘advice on short notice’, ‘transparent fees’, an ‘effective global network’ and ‘services that are tailor-made and focused on the clients’ needs based on a deep understanding of their businesses.

The Legal 500, Switzerland, 2018

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27/03/2024
CMS Switzerland recognised by The Legal 500 EMEA 2024
This year CMS Switzerland has been recommended by The Legal 500 in 21 categories in the European, Middle Eastern and African (EMEA) edi­tion. In addition, 6 of our lawyers are recognized individually for their expertise as "Leading Individuals" or "Next Generation Partner" in the areas of Competition, Insolvency & Corporate Recovery, Insurance, Public Law, Real Estate & Construction and TMT.
News
14/03/2024
CMS Switzerland ranked in Chambers and Partners Europe Guide 2024
Awards & Rankings
News
10/01/2024
Harmonisation of insolvency avoidance in Europe
This article continues our Law-Now series "Harmonisation of Insolvency Laws in the EU" in which we provide an overview of the articles addressing insolvency avoidance actions of the draft EU directive.As...
Law-Now Insolvency and Restructuring
31/10/2023
CMS advises Renaissance on the acquisition of the business operations of...
On 31 October 2023, Renais­sance, to­geth­er with industry expert Daniel Lippuner and the management of Heberlein AG, acquired the entire business operations of Heberlein AG. The acquired business will continue to operate unchanged at its current location in Wattwil with the existing management and all employees under the name Heberlein Technology AG. Heberlein was founded in 1835 and has established itself as a leading provider of nozzles for synthetic continuous yarns worldwide, developing, manufacturing, and distributing key components for the chemical fiber industry, with approximately 80 employees. Renais­sance, based in Lausanne, was founded by pension funds for pension funds and has been investing in unlisted Swiss SMEs for over 20 years.A team from CMS, led by Alain Raemy, provided comprehensive legal and tax advice to Renaissance in this transaction. CMS SwitzerlandAlain Raemy, Partner, Corporate / M&AAndrea Relly, Counsel, Corporate / M&AMark Cagienard, Partner, TaxDominik Penkov, Associate, Tax Dr. Simone Brauchbar Birkhäuser, Partner, IP / ITPhilipp Dickenmann, Partner, Dispute ResolutionReto Hunsperger, Partner, RestructuringDr. Marjolaine Jakob, Partner, Re­struc­turin­gOlivia Zingg, Associate, IP / ITHelena Loretan, Associate, Real EstateKatja Bertsche, Senior Associate, Real EstateDr. Miryam Meile, Senior Associate, Employment Anna Mast, Associate, Corporate / M&AAlexander Salamon, Lawyer Trainee, Corporate / M&A
Deals
31/08/2023
Pre-Pack reorganisation in Serbia and Montenegro: An overview
In response to the proposal by the EU Commission on 7 December 2022 that an EU Directive be issued to harmonise certain aspects of insolvency law, this article provides a look into one of the main topics...
Law-Now Insolvency and Restructuring
31/08/2023
Pre-Pack reorganisation in Bosnia and Herzegovina: An overview
In response to the proposal by the EU Commission on 7 December 2022 that an EU Directive be issued to harmonise certain aspects of insolvency law, this article provides a look into one of the main topics...
Law-Now Insolvency and Restructuring
17/08/2023
Pre-pack sale proceedings in Croatia and the impact of the EU’s insolvency...
In late 2022, the European Commission proposed a new Directive with a view to harmonise certain aspects of insolvency law. One of the most important innovations to be introduced in this Draft Directive...
Law-Now Insolvency and Restructuring
11/08/2023
Pre-pack proceedings Slovak law: challenge to avoid speculations?
Only a year ago, Slovakia transposed EU Directive 2019/2023 on preventive restructuring frameworks with an intention to reform insolvency proceedings and make them more effective. (See CMS | Law-Now...
Law-Now Insolvency and Restructuring
07/08/2023
The Pre-pack Directive proposal: a guide to possible pre-pack proceedings...
On 7 December 2022, the European Commission published a proposal for a Directive of the European Parliament and of the Council harmonising certain aspects of the insolvency law. The intention of this...
Law-Now Insolvency and Restructuring
07/08/2023
Pre-pack insolvency sale in the Czech Republic: Current situation and outlook
A pre-pack insolvency sale, which is an expedited liquidation proceeding that allow for the sale of all or part of a debtor’s business as a going concern to the best bidder shortly after the insolvency...
Law-Now Insolvency and Restructuring
07/08/2023
Pre-pack sales procedures in Hungary
The success of the recently introduced pre-pack-like rules in Hungary will help determined how the EU Directive on pre-pack sales will be implemented in this country.Existing pre-pack-like rulesPre-pack...
Law-Now Insolvency and Restructuring
27/07/2023
A short guide to leveraging Pre-Packs in Switzerland
What situations call for a Pre-Pack?Imagine the following scenario: a debtor, in our case a company, is facing severe financial distress. The company, however, still has certain business units that are...
Law-Now Insolvency and Restructuring
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