Glossary
Bankruptcy warning (Konkursandrohung)
Commination de faillite (FR) · Konkursandrohung (DE) · Comminatoria (IT)
Updated on 28 July 2026
Definition
A bankruptcy warning is the official notice that the creditor may request the opening of bankruptcy. It concerns persons and companies entered in the commercial register, not ordinary private individuals.
Swiss procedure distinguishes two enforcement routes. Private individuals are in principle subject to attachment; companies and persons entered in the commercial register are subject to bankruptcy proceedings. The warning marks the switch to that second route.
The document opens a period to settle the debt before the creditor can go to court. It is a short but real window: payment, a written arrangement with the creditor, or a challenge if the claim is unfounded.
Receiving a bankruptcy warning is serious and must never be ignored. For a company the consequences reach far beyond the debt itself: the opening of bankruptcy ends the business activity and engages the liability of its officers.
Key points
- Targets commercial register entities, not private individuals.
- A short window remains to pay or reach an arrangement.
- Never let it pass without reacting: major consequences.
Legal basis : Art. 159 ff. DEBA/SchKG