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Old 25.08.2017, 12:51
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Company going Bankrupt owes me money

Hi everyone, I would like some advice on what to do. I just invoiced a company I have done work for over the summer months.

They responded saying they have filed for bankruptcy and will close doors today. I assume this means they cannot pay me?

What do I do and is there a way of claiming this money?

Thank you in advance.
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Old 25.08.2017, 13:09
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Re: Company going Bankrupt owes me money

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Hi everyone, I would like some advice on what to do. I just invoiced a company I have done work for over the summer months.

They responded saying they have filed for bankruptcy and will close doors today. I assume this means they cannot pay me?

What do I do and is there a way of claiming this money?

Thank you in advance.
Have a look at this, is it a large sum you are owed by the way, large as in over 2,000 chf?
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Old 25.08.2017, 13:12
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Re: Company going Bankrupt owes me money

Court will adjust a "trustee" who will handle the distribution of any remaining assets, you have to find out who this is (betriebungsamt/court/company should all know who this is) and hand in your claim to him/her within a certain period.
(i thought six months)

There's a hierarchy, first the employees, second will be things like the social, health and unemployment services for unpayed contributions, and 3rd are all the others

Given that you are a contracter i would expect you to be in the 3rd group, any money left after the first two groups will come to benefit the 3rd group and distributed evenly.

In short: Hand in claim to trustee, hope for the best and expect nothing.
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Old 25.08.2017, 13:27
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Re: Company going Bankrupt owes me money

Thanks. I had a look at the Wikipedia etc.

I think I have to find someone who speaks German to help me as a lot of the actual 'how to' seems to be in German.

I've basically been teaching weekly classes at this company on a freelancer contract, the amount owed is just over a 1000 chf but obviously as a self employed person thats still a lot of money, time and effort that has gone in to it.
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Old 25.08.2017, 13:43
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Re: Company going Bankrupt owes me money

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Thanks. I had a look at the Wikipedia etc.

I think I have to find someone who speaks German to help me as a lot of the actual 'how to' seems to be in German.

I've basically been teaching weekly classes at this company on a freelancer contract, the amount owed is just over a 1000 chf but obviously as a self employed person thats still a lot of money, time and effort that has gone in to it.
Had you been an employe, quite possible even for a 1 off 4 hour contract you would be guaranteed payment as 3 months salary is insured by law, same for social payments & pension.
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Old 25.08.2017, 13:45
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Re: Company going Bankrupt owes me money

Sorry to hear this, having to write off invoices as small business stings.
I'd advise first verify facts:
1.) Is your client a proprietorship or legal entity? If a GmbH or AG, you can only go against the company, nobody else.
2.) Are they actually and formally bankrupt? Call Handelsregister to confirm filing, if they haven't filed then you still can pursue claim (and they can still negotiate independent of trustee)
So....
If is a legal entity and have filed for reorganisation, then likely you won't get anything back even if don't liquidate -> put behind you and move on. Maybe you'll get something in 6 months, but likely not.
If is a legal entity and haven't officially filed for reorganisation yet, suggest you camp at their office, say you won't leave without some kind of payment, offer to settle total bill for X% of total if get cash in hand, their coffee machine, etc. If they don't budge, immediately go to Betreibungsamt and file Betreibung against them, then put behind you and move on. Maybe you'll get something in 6 months, likely not.
For CHF 1k claim, totally not worth investing more time and money into trying to collect, getting lawyer, etc.
Hope this helps, good luck
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Old 25.08.2017, 13:55
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Re: Company going Bankrupt owes me money

Thank you for your help.

This was part of their email '...will be closed from today on and will cease all operations, the Konkursamt Zurich Fluntern will now take over responsibility of all our assets and any liabilities.'

Should I contact them to find out more or just call the Handelsregister?
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Old 25.08.2017, 14:11
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Re: Company going Bankrupt owes me money

The bankruptcy status of a company can be tracked in the following resources:

Commercial Register:

https://www.zefix.ch/en/search/entity/welcome

Swiss Commercial Registry Gazette (SHAB)/ Konkurse (bankruptcies):

https://www.shab.ch/shabforms/COMMON...sf?category=KK

Canton Zurich Official Gazette:

https://www.amtsblatt.zh.ch/shabform....jsf?MODE=SHAB
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Old 25.08.2017, 14:49
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Re: Company going Bankrupt owes me money

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Thank you for your help.

This was part of their email '...will be closed from today on and will cease all operations, the Konkursamt Zurich Fluntern will now take over responsibility of all our assets and any liabilities.'

Should I contact them to find out more or just call the Handelsregister?
Go to the Konkursamt Zurich Flunton as they will be dealing with the case, they can probably advise if you have got any chance of getting anything.
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Old 25.08.2017, 15:51
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Re: Company going Bankrupt owes me money

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Go to the Konkursamt Zurich Flunton as they will be dealing with the case, they can probably advise if you have got any chance of getting anything.
If it is a private company, the chances are that the owners have probably run it into the ground trying to keep it going.
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