Provisional distribution list of 3 July 2024

The Private Bankruptcy Administrators (“PBA”) have decided to make an interim payment of 15 % to all creditors with legally recognised claims. Creditors with suspended claims will not receive an interim payment. However, any dividend due to them will be retained. They will therefore not suffer any disadvantage as a result of not participating in the interim payment.

During the period of inspection from 4 July 2024 to 24 July 2024, the provisional distribution list is available for inspection by creditors at the offices of the PBA, Wenger Plattner, Jungfraustrasse 1, 3000 Berne 6, and at the Bankruptcy Office of the Canton of Zug, Aabachstrasse 5, 6301 Zug. For a physical inspection at the offices of the PBA, please pre-register with the PBA. During the period of inspection, the provisional distribution list is also available to all creditors to be inspected electronically in the schedule of claims portal (kuv-portal.envion-konkurs.ch).

Any appeals against the provisional distribution list must be submitted to the II. Appeals Division of the High Court of the Canton of Zug, Supervisory Authority of the Swiss Federal Statute on Debt Enforcement and Bankruptcy (SchKG), Kirchenstrasse 6, P.O. Box, 6301 Zug, within twenty days of receipt.

All creditors will also be sent a statement for the first interim payment (known as a special notice) with their personal details for the interim payment. Creditors in Switzerland will be sent this special notice by registered mail together with circular no. 6. In accordance with Article 232(2)(6) Swiss Federal Statute on Debt Enforcement and Bankruptcy (SchKG), the place of service for all persons concerned who are domiciled abroad and have not designated a place of service in Switzerland is – as already communicated in the bankruptcy publication and the call to creditors of 28 October 2019 – the Bankruptcy Office of the Canton of Zug. Accordingly, the special notice will not be sent to them by mail, but will be uploaded electronically to the schedule of claims portal (kuv-portal.envion-konkurs.ch).

Below, you will find a sample of a special notice in English.

It is important that these instructions are followed exactly and that the fields in the statement for the first interim payment (special notice) are completed correctly and legibly so that the interim payment can be made to creditors. Once the special notice has been completed, it must be printed and signed. You can then use the upload function in the private area of the schedule of claims portal (kuv-portal.envion-konkurs.ch) to send the special notice to the PBA. The fully completed and signed special notice must be uploaded by 24 July 2024 at the latest (or returned by mail to the PBA).

Please note that payments are made in Swiss francs (“CHF”) only. The PBA therefore recommend to creditors to provide a CHF denominated account at creditors’ bank. Otherwise, there is no guarantee that the payment will be credited to creditors’ account. Any conversion costs (exchange rate losses, fees, charges, etc.) incurred by the respective creditor’s bank will be borne by such creditor. If the account details provided are not correct or are received late by the PBA, further costs may be incurred which will be charged to the respective creditor.

Due to the large number of creditors, the execution of payments will take some time. Payments will be made in the order in which the payment instructions are received. Payments are expected to be made from August 2024, unless an appeal is filed against the provisional distribution list.