Ranking of Claims

The proceeds of bankruptcy are distributed according to the ranking of claims, which in the order of precedence are:

  • Secured claims: Secured creditors are satisfied first out of the proceeds of assets on which they have a security. Should the security be insufficient any remaining claim is deemed an unsecured claim.
     
  • Non-secured first-class claims: unpaid claims of employees that arose or became due not more than six months prior to the opening of bankruptcy proceedings, but not (currently) exceeding 148,200 Swiss francs, and claims arising from premature dissolution of the employment relationship because of the opening of bankruptcy proceedings against the employer and the restitution of deposited securities; insurance policyholders may avail themselves of their rights granted by the federal legislation and may enforce claims in connection with professional welfare institutions; outstanding pension plan contributions to be paid by the employer; claims for maintenance and assistance derived from family law that arose during the six months prior to the opening of bankruptcy proceedings and that are to be performed by payments of money;

  • Non-secured second-class claims: unpaid social security contributions; certain claims of persons whose assets were entrusted to the debtor as the holder of parental power; deposits with banks kept in the name of the depositor (or short-term bonds) up to 100,000 Swiss francs;

  • Non-secured third-class claims: all other claims;

  • Subordinated claims: While not a distinct class in itself, where a party has declared that its claim is subordinated to any other claims, such claims will only take part in any distribution to the extent that all other prior priority claims have been satisfied.