Restructuring / Insolvency

Insolvency is a last resort. We act as a problem-solver for companies and their creditors. We use restructuring to create new opportunities. If insolvency is inevitable, we represent creditors and their interests in relation to the enforcement of their claims and insolvency related litigation.

  • Wide-ranging expertise in the field of solvent restructuring and refinancing of non-performing loans
  • Insolvency related advice on all aspects of corporate, commercial and financial market law
  • Legal support to companies in financial distress during restructuring
  • Representation of creditors in insolvency proceedings and related litigation
  • Procedures for the recognition of foreign insolvency measures and coordination between domestic and foreign insolvency proceedings
  • Solvent Restructurings

    We have extensive expertise in restructurings and distressed refinancings, and regularly advise financial institutions, creditors and debtors. Our core competencies include:

    • Directors’ duties and corporate law aspects in restructuring
    • Refinancing of distressed loans
    • Portfolio sales and restructuring of businesses
  • Insolvency-related Advice

    We frequently represent creditors and debtors in insolvency proceedings. Our core competencies include:

    • Filing of claims, debt collection proceedings and enforcement of security
    • Netting, close-out and similar contractual provisions relating to insolvency events
    • Bankruptcy-related corporate and financial market law matters
  • Insolvency-related Litigation

    We have many years of experience representing creditors in complex insolvency and restructuring proceedings. Our core competencies include:

    • Enforcement of contested claims / Claw-back actions
    • Corporate liability
  • Recovery and Resolution / Bank Restructuring

    We are at the forefront of developing solutions for the implementation of Swiss recovery and resolution legislation in financial institutions and for the preparation and execution of recovery and resolution plans. Our core competencies include:

    • Recovery and Resolution Plans
    • Cross-border recognition of restructuring plans and proceedings
  • Bulletin
  • News
  • Publications

Homburger advised the co-ordinating-committee of ED&F Man's senior creditors on the USD 1.5 bn restructuring of ED&F Man

Deals & Cases

Homburger associate Marco Rostetter has been recognized by Global Restructuring Review as one of GRR's 40 under 40 2022

News

Homburger honored as leading law firm in eleven categories of Leaders League ranking 2021

News

«Stille» Pre-Pack Sanierung ohne Mitwirkung der Gläubiger. Besprechung des Urteils des Bundesgerichts 5A_827/2019 vom 18. März 2021

Legitimation zur Anhebung von Verantwortlichkeitsklagen gegen Organe einer liquidierten und im Handelsregister gelöschten Gesellschaft