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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.

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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28/04/2022
CMS once again named as one of the top law firms in Switzer­land
For the sixth time, the lead­ing Swiss busi­ness magazine BIL­ANZ and the news­pa­pers Han­delszei­tung and Le Temps have pub­lished their rank­ings of the  top law firms in Switzer­land. CMS von Er­lach Part­ners (CMS Switzer­land) is ranked as one of the top 25 law firms in Switzer­land in a total of 28 out of 31 prac­tice areas, which is more than any oth­er law firm in Switzer­land. This fur­ther un­der­lines our po­s­i­tion as a lead­ing full-ser­vice law firm.
11/04/2022
CMS Switzer­land re­cog­nised by The Leg­al 500
Rank­ings of CMS Switzer­land in The Leg­al 500 EMEA 2022 edi­tion
07/03/2022
EU and UK Sanc­tions against Rus­sia: a fo­cus on the Fin­an­cial Sec­tor
In re­cent days the EU and the UK have ad­op­ted and ex­pan­ded a num­ber of  sanc­tions meas­ures against Rus­si­an and Be­larus­i­an in­di­vidu­als and com­pan­ies. This art­icle fo­cuses on re­strict­ive meas­ures dir­ec­ted...
03/01/2022
Ap­point­ment as part­ner | Mar­jolaine Jakob
Zurich | 1 Janu­ary 2022We are de­lighted to an­nounce the elec­tion of Dr Mar­jolaine Jakob to the firm­'s part­ner­ship with ef­fect from 1 Janu­ary 2022.Mar­jolaine Jakob is the head of our in­solv­ency and re­struc­tur­ing team. Her prac­tice fo­cuses on na­tion­al and in­ter­na­tion­al in­solv­ency law and re­lated lit­ig­a­tion. She ad­vises cli­ents in con­nec­tion with in­solv­ency pro­ceed­ings and rep­res­ents their in­terests in re­lated pro­ceed­ings be­fore the com­pet­ent courts and au­thor­it­ies. Mar­jolaine Jakob has broad ex­per­i­ence in ad­vising com­pan­ies in re­struc­tur­ing pro­ceed­ings. Fur­ther, she is a proven spe­cial­ist in in­ter­na­tion­al in­solv­ency law and reg­u­larly ad­vises for­eign in­solv­ency ad­min­is­trat­ors in cross-bor­der in­solv­ency pro­ceed­ings.
17/11/2021
CMS Switzer­land re­cog­nised by Lead­ers League
In its latest rank­ings Lead­ers League has re­cog­nised CMS Switzer­land for its ex­pert­ise in the fol­low­ing prac­tice areas:
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
29/04/2021
CMS in 27 areas of law one of the "Top Law Firms" in Switzer­land
CMS once again one of the lead­ing law firms in Switzer­land For the fifth time, the lead­ing Swiss busi­ness magazine BIL­ANZ and news­pa­per Le Temps have pub­lished their rank­ing of the best law firms...
14/04/2021
CMS Switzer­land ranked by The Leg­al 500
Rank­ings of CMS Switzer­land in The Leg­al 500 EMEA 2021 edi­tion CMS Switzer­land is re­com­men­ded in 18 cat­egor­ies in this year's Europe, Middle East and Africa edi­tion of The Leg­al 500, pub­lished in April...
17/02/2021
Dis­tressed M&A: Swiss com­pan­ies can use 'com­pos­i­tion pro­ceed­ing­s' to stay...
The COV­ID-19 crisis is caus­ing fin­an­cial dif­fi­culties for nu­mer­ous com­pan­ies. Of­ten, bank­ruptcy seems to be the only es­cape. Based on the char­ac­ter­ist­ics of US Chapter 11 pro­ceed­ings, Swiss re­struc­tur­ing...
02/02/2021
EC Con­sulta­tion on sus­tain­able cor­por­ate gov­ernance: dead­line ap­proach­ing
Key ac­tion point On 26 Oc­to­ber 2020, the European Com­mis­sion launched its pub­lic con­sulta­tion on sus­tain­able cor­por­ate gov­ernance (Con­sulta­tion). The Con­sulta­tion closes on 8 Feb­ru­ary 2021 and we would...
07/10/2020
Ger­many's Busi­ness Judge­ment Rule not ap­plic­able to in­solv­ency ad­min­is­trat­ors
In a re­cent de­cision, the Ger­man Fed­er­al Su­preme Court ad­dressed the ap­plic­ab­il­ity of the Busi­ness Judge­ment Rule to in­solv­ency ad­min­is­trat­ors in Ger­many and re­jec­ted the ap­plic­ab­il­ity of the rule in...
05/10/2020
Re­struc­tur­ing out­side of in­solv­ency pro­ceed­ings soon pos­sible for il­li­quid...
Fed­er­al Min­istry of Justice and Con­sumer Pro­tec­tion sub­mits draft bill on pre­vent­ive re­struc­tur­ing On 18 Septem­ber 2020, the Fed­er­al Min­istry of Justice and Con­sumer Pro­tec­tion sub­mit­ted a 247-page draft...