Estate agreement

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A debt restructuring agreement is an instrument of Swiss restructuring law. He comes in the inheritance proceedings according to Art. 293 ff. SchKG comes into existence; Usually a debt restructuring agreement is preceded by a debt restructuring moratorium. However, a debt restructuring agreement can also be concluded in the event of bankruptcy . There are judicial and extrajudicial inheritance agreements. Judicial succession agreements are approved by the probate court and generally bind all creditors . Extrajudicial parties do not receive any judicial confirmation and only bind the consenting creditors.

In some cases, liquidation is sought with a debt restructuring agreement (liquidation comparison), which is actually against the system. The goal of the administration proceedings is the debt restructuring of enterprises and individuals to avoid bankruptcy. Usually the debtor files the application for debt restructuring.

A debtor who wants to obtain a debt restructuring agreement must submit a well-founded request and a draft debt restructuring agreement to the debt restructuring judge. He must enclose with the application a balance sheet and an operating account or corresponding documents showing his asset, earnings or income situation, as well as a list of his business books, if he is obliged to keep them. (SchKG Art. 293 Paragraph 1)

Web links

Individual evidence

  1. to the whole Hunziker / Pellascio, p. 316 f.
  2. Book Repetitorium, 3rd edition 2008, p. 231