From the magazine SZW-RSDA 4/2016 | S. 370-379 The following page is 370

La faillite bancaire : plus vite que la musique ?

The Swiss legislator has mainly been guided by four elements to design the bankruptcy regime for banks: simplification, celerity, flexibility and efficiency. As a result, the legal regime bases itself on ordinary bankruptcy law but introduces specific derogations to speed up the process when a bank is at stake. Focusing on liquidation’s celerity this article addresses two aspects of bank bankruptcy law: the challenge of realisation actions as well as the treatment of book claims and liabilities.

Surprisingly, author’s analysis shows that the bank­ruptcy regime for banks does not necessarily progress faster than the ordinary one. Specific derogations like ex officio consideration of book claims and liabilities – when managed along the lines sketched out in this article – and broad limitation of judicial review are by no doubt effective measures to boost celerity. Their impact on the time horizon may however fall by the wayside since residual judicial review’s design is flawed…

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