2023-1-20
Asset recovery case – successful revocation of bankruptcy and claw-back actions
The client, who owns a considerable real estate portfolio including a hotel, was declared bankrupt. In the subsequent bankruptcy proceedings, numerous creditors filed unjustified or inflated claims which were, after prima facie review, admitted by the bankruptcy administration. The client received substantial bridge financing to pay all creditor claims admitted by the bankruptcy administration in the total amount of CHF 32 million. As a consequence, the competent district court revoked the bankruptcy of our client and of his real estate company.
In the aftermath of the successfully averted forced liquidation, Nater Dallafior lodged more than 25 claw-back actions ("Rückforderungsklagen", Article 86 of the Swiss Debt Enforcement and Bankruptcy Law) against numerous creditors with civil courts across Switzerland, Germany and Austria for the recovery of funds paid to creditors whose unjustified or inflated claims had been satisfied in order to obtain the revocation of the bankruptcy. Nater Dallafior worked together with Ferox Legal (Dennis Geissler) in Frankfurt and Wildmoser/Koch & Partner (Felix Michael Klement) in Vienna. Up to this date, the majority of these proceedings have been successfully completed and substantial assets have been recovered.
The Nater Dallafior team included Patrik Salzmann and Tobias Thaler.
2023-1-20
Asset recovery case – successful revocation of bankruptcy and claw-back actions
2022-10-25
Insolvency law case – successful representation of foreign administrator ›
2022-9-5
Banking litigation – successful ex parte injunction against PostFinance ›
2022-6-8
Cryptocurrency related Arbitration ›
2022-5-25
Nater Dallafior successfully represented a client in an important trademark litigation ›
2022-3-21
Construction and insolvency law case ›
2022-2-23
Private client dispute – successful claim against PostFinance ›
2022-2-22
International Arbitration – successful representation before Swiss Federal Supreme Court ›
2021-12-7
Media law case – successful representation of Swiss media group ›
2021-11-29
COVID-19 – business interruption insurance ›
2021-10-1
Insurance dispute - successful representation of policyholder ›
2021-8-24
Insurance Arbitration – successful representation of policyholder ›
2020-11-30
ICC arbitration – successful representation of claimant in joint venture dispute ›
2020-9-3
Nater Dallafior wins leading cases in international administrative assistance ›
2020-6-16
Nater Dallafior successfully represented a client against M.M. Warburg Bank ›
2020-1-8
Nater Dallafior successfully represented a client in post Swissair grounding proceedings ›
2019-12-9
Nater Dallafior successfully represented a client in officers' liability proceedings ›
2019-4-23
Successful lifting of the account freeze ›
2019-1-10
Carried interest pool ›
2018-6-21
Federal Administrative Court lifts work ban ›
2017-12-15
Nater Dallafior successfully advises Kuwait in controversy with FIFA over worldwide ban ›
2017-5-8
Nater Dallafior achieves landmark decision on FINMA Watch List ›
2015-8-1
Nater Dallafior successfully represents a global IT company in public tender proceedings ›