Thematic alert · Bankruptcy and debt enforcement
Bankruptcy and debt enforcement: every notice, as soon as it is published
Under Swiss law, debt-enforcement and bankruptcy notices appear in the Swiss Official Gazette of Commerce (SOGC) and in the cantonal gazette. The deadlines they open are short. Publicus delivers them as soon as they are published.
In short
- Debt-enforcement and bankruptcy notices appear in the SOGC and the cantonal gazette; the SOGC governs the calculation of deadlines (art. 35 para. 1 DEBA).
- When a bankruptcy is opened, creditors are called on to file their claims within one month of publication (art. 232 para. 2 no. 2 DEBA).
- A bankruptcy suspended for lack of assets is closed unless, within ten days of publication, a creditor requests liquidation and provides the required security for costs (art. 230 para. 2 DEBA).
- A composition moratorium is made public (art. 296 DEBA); a provisional moratorium may exceptionally remain unpublished (art. 293c para. 2 DEBA).
Where are bankruptcies and debt enforcement published?
The Federal Act on Debt Enforcement and Bankruptcy (DEBA / LP / SchKG) requires notices to be inserted both in the SOGC and in the cantonal gazette. Publication in the SOGC is decisive for the calculation of deadlines and the consequences of the notice.
Deadlines you should not miss
- Opening of bankruptcy: the office publishes it once ordinary or summary proceedings are decided; creditors have one month from publication to file claims (art. 232 DEBA).
- Suspension for lack of assets: the decision is published and the bankruptcy is closed unless creditors request liquidation within ten days and provide security for costs (art. 230 para. 2 DEBA).
- Revocation of bankruptcy: it is made public (art. 195 para. 3 DEBA).
- Composition moratorium: it is made public by the composition court (art. 296 DEBA).
The commercial register as an early-warning signal
Commercial register entries are published electronically in the SOGC and take effect upon publication (art. 936a para. 1 CO). Board resignations, moves of registered office or liquidations often precede insolvency proceedings: following a company by name or UID number lets you see them coming.
What the Publicus alert covers
- Bankruptcy openings, suspensions, revocations and closures, schedules of claims, composition moratoria and debt-enforcement notices in your cantons.
- CHF 5/month for the whole category; included in the Cabinet plan.
- Or targeted monitoring: a debtor, an opposing party, a client or a supplier by name or UID number, across all subscribed cantons.
- Every alert links to the official publication, which prevails.
Frequently asked questions
How long do I have to file a claim in a bankruptcy?
One month from publication of the opening of bankruptcy (art. 232 para. 2 no. 2 DEBA), calculated from publication in the SOGC (art. 35 para. 1 DEBA).
Are all Swiss bankruptcies covered?
Publicus reads the SOGC and the official gazettes of 24 cantons. The thematic alert covers all your cantons: the included one and any you add for CHF 5/month each.
Can I monitor a single company?
Yes: add its name or UID number as a keyword. You will receive its bankruptcy, moratorium and commercial register notices.
Official sources
Be the first to know, not the last to file
Activate the "Bankruptcy and debt enforcement" alert for CHF 5/month or follow your debtors by keyword with the free 7-day trial.
Related reading
Informational content, not legal advice. Publicus is not the official source within the meaning of the law: the text published by the authority prevails, and deadlines run from the official publication.