Konkurs · bankruptcy

Bankruptcy is general enforcement: all of the debtor's distrainable assets form a single estate that serves to satisfy the creditors jointly. It is declared by the court and given public notice. In Swiss law it applies mainly to debtors entered in the commercial register, companies included, so insolvency, liquidation and winding-up are not substitutes in a translation.

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The term in four languages

German
Konkurs
French
faillite
Italian
fallimento
English
bankruptcy

Definition

Bankruptcy is general enforcement declared by the court against a debtor who is, as a rule, registered in the commercial register. All distrainable assets belonging to the debtor when bankruptcy is declared, regardless of where they are located, form a single estate that serves to satisfy the creditors jointly. The bankruptcy administration realises the estate and distributes the proceeds according to the schedule of claims.

Debt enforcement and bankruptcyArt. 197 DEBA

Swiss federal acts are published in German, French and Italian, and all three versions are equally authoritative. The English term shown here comes from the Federal Administration's English translation, published on Fedlex for information only. Where there is no translation, it follows common usage.

Full glossary

The term in an official text

Source: Fedlex, Federal Act on Debt Enforcement and Bankruptcy. In Corrext, this segment and the ones around it appear in Fast lookup CHnell, each with its reference.

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