Bankruptcy administration
In Swiss law which represents receivership the bankruptcy estate (Art. 240 SchKG) and leads the bankruptcy proceedings by.
The legal basis is in particular the Federal Act on Debt Enforcement and Bankruptcy (SchKG), the Ordinance on the Management of Bankruptcy Offices (KOV) and the Ordinance of the Federal Court on the Forced Realization of Land (VZG).
In ordinary bankruptcy proceedings, the bankruptcy office, the creditors 'meeting and, if applicable, the creditors' committee are the relevant administrative bodies. The bankruptcy administration acts in the name and for the assets and represents them in court. The bankruptcy administration collects undisputed, due claims. It is entitled to dispose of assets before the second creditors' meeting if they are subject to a decline in value. The second creditors' meeting is called after the bankruptcy administration has checked the bankruptcy filings and has drawn up the schedule of claims. For this purpose, the bankruptcy administration checks all the entries made by the creditors and ranks the creditors according to their rank, Art. 219 Para. 4 DEBA. The realization of the bankruptcy estate is incumbent on the bankruptcy administration according to Art. 259 SchKG and is usually done by increasing it according to Art. 256 DEBA.
Instead of the bankruptcy office , the creditors' meeting can set up an extra-official bankruptcy administration (Art. 237 para. 2 DEBA). Their rulings are also subject to appeal.
Web links
Federal Act on Debt Collection and Bankruptcy of April 11, 1889 (SchKG; SR 281.1)
