In principle, any claim in Switzerland can be submitted to debt collection (enforcement). This is comparable to the initiation of a dunning procedure in Germany...
After ShareWood Switzerland AG was dissolved at the end of January 2022 due to its lack of organization (the company no longer has a Board of Directors) by a ruling of the Zurich District Court and bankruptcy proceedings were opened against the company, these were discontinued by the Zurich District Court on June 24, 2022 for lack of assets following an examination by the Zurich-Enge Bankruptcy Office.
Die Einstellung steht unter der Bedingung, dass nicht innert 10 Tagen von Gläubigern ein Kostenvorschuss von 120`000 CHF beim Konkursamt eingezahlt wird.
Appeal proceedings were opened against this order by a colleague in Zurich, in particular the high advance payment was criticized and submitted to the court for consideration. At the same time, a request for suspensive effect was filed, so that at the moment neither the discontinuation nor the 10-day deadline for making an advance payment are legally binding.
Depending on the conclusion of the appeal proceedings, creditors can later file their claims either with simultaneous payment of an advance or after the legally binding closure for lack of assets if new assets of the liquidated company are found. If an advance payment is required, it will be necessary to organize as many creditors as possible within a short period of time so that the advance payment can be raised. As soon as there is news about this, it will be published on our website. Creditors can contact Ms. Faßbender, who is in close contact and exchange with the bankruptcy office for her clients, in order to register for the bankruptcy proceedings. Please note that there may be only a short time available to draft the relevant request and to organize the advance with other creditors.
According to our research and the information available to us, there are assets, in particular land in Brazil, of the subsidiaries of ShareWood Switzerland AG in liquidation. These assets probably amount to several million euros, which is why it makes sense to file our own claims against ShareWood Switzerland AG i.L. in the bankruptcy proceedings in due course.
In principle, any claim in Switzerland can be submitted to debt collection (enforcement). This is comparable to the initiation of a dunning procedure in Germany...
Contrary to various statements to the contrary that can be found on the Internet, enforceable decisions of German courts on child support, spousal support or alimony are in principle enforceable in Switzerland under the so-called Lugano Convention (Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters), Art. 32 et seq.
The right of third parties to inspect the debt collection register of Betreibung Schweiz expires 5 years after the end of the debt collection proceedings...