My Swiss GmbH can't pay suppliers—can I request a debt restructuring before bankruptcy?

In Switzerland a small GmbH that is cash-strained but still viable can use several out-of-court restructuring tools before a formal insolvency proceeding is opened. The most common are a payment-plan (Stundungsplan) negotiated directly with each creditor, a composition (Vergleich/Einvernehmliche Regelung) in which the company proposes a reduced lump-sum or a series of installments that the creditors vote on, and the self-administration (Eigenverwaltung) option under the revised Insolvency Act (InsolV) that lets the managing director stay in control while a court-appointed trustee (Insolvenzverwalter) supervises the restructuring. If the creditors accept a written agreement that is signed by a majority (or the statutory quorum) of the total claim amount, the agreement becomes binding on all creditors, and the court can issue a stay of enforcement (Stundungsbeschluss) that temporarily suspends seizure, garnishment or foreclosure actions while the plan is implemented.

If no out-of-court deal is reached, any creditor can file a debt-collection claim with the cantonal civil court; once the claim is served, the creditor has 30 days (plus any statutory extensions) to obtain a payment order and, if the debtor does not comply, to request enforcement (Betreibung/Zwangsvollstreckung). Enforcement can be initiated very quickly—often within a few weeks of the creditor’s application—so the GmbH should act promptly. To protect the company while negotiations are underway, you can file a "request for a moratorium" (Stundungsbegehren) with the competent cantonal court together with a draft restructuring plan; the court may grant a provisional stay of enforcement for up to 30 days (extendable upon justification) to give you breathing space to finalize the payment plan. In practice, the fastest route is to prepare a concise proposal (cash-flow forecast, proposed instalments, and any collateral offered), circulate it to all known creditors, and simultaneously submit a formal stay request to the court. Engaging a Swiss insolvency-law specialist will ensure the filing meets the procedural requirements, that the stay is granted, and that the eventual restructuring (whether a composition, a court-supervised plan, or full liquidation) proceeds in the most cost-effective manner. If you have further questions or need assistance drafting the stay request and negotiating with creditors, let us know—we can connect you with a qualified attorney in Zurich.

Sincerely,
Ascendence International Consulting

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