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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
06/07/2023
The future of pre-pack sales in Luxembourg
On 7 December 2022, the EU Commission issued a proposal for a directive harmonising certain aspects of insolvency law (the Draft Directive). One key aspect of this Draft Directive is the regulation of...
Law-Now Insolvency and Restructuring
06/07/2023
Pre-pack proceedings under Belgian law: is this a fresh start?
Belgium is finally about to transpose Directive 2019/2023 on preventive restructuring frameworks and regulated pre-pack proceedings are now ac­cess­ible.European and Belgian legislative de­vel­op­mentsIn­solv­ency...
Law-Now Insolvency and Restructuring
26/04/2023
CMS one of the "Top Law Firms" in Switzerland in 28 areas of law
The Swiss business magazine BILANZ, the Handelszeitung, and the magazine PME have awarded the "Top Law Firms" in Switzerland for the 7th time. Out of the 31 legal areas, CMS von Erlach Partners (CMS Switzerland) was ranked as one of the top 25 law firms in Switzerland in 28 areas, which is more than any other law firm in Switzerland. This confirms our position as a leading full-service law firm in the country.
News
12/04/2023
CMS Switzerland recommended by The Legal 500 EMEA 2023
Rankings of CMS Switzerland in The Legal 500 EMEA 2023 Edition
News
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.
News
11/04/2022
CMS Switzerland recognised by The Legal 500
Rankings of CMS Switzerland in The Legal 500 EMEA 2022 edition
News
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