Assignment of legal claims of the bankruptcy estate

The following proposal is submitted to the creditors of SkyWork Airlines AG by way of publication (publication in the Swiss Official Gazette of Commerce as well as in the Gazette of the Canton of Bern, date of publication 17.08.2022), as the expenses for the distribution of a circular letter to the creditors could be disproportionate to the expected dividends of the claim to be assigned.

Status quo

The bankruptcy estate of SkyWork Airlines AG, represented by the bankruptcy office Bern-Mittelland, Department Mittelland, provided a proof of debt for CHF 295'839.70 in the bankruptcy proceedings against a loan provider. The claim arises from an avoidance action according to Article 285 SchKG et seq. for loan interest, commencing from the date of the subordination resp. the date of public knowledge of the overindebtedness of SkyWork.

The bankruptcy proceedings of SkyWork Airlines AG can soon be concluded. In the bankruptcy proceedings of the loan provider, a dividend only in the low single digits is likely to result. To date, it is open when the bankruptcy proceedings of the loan provider will be completed. Under these circumstances, it is unreasonable to pursue the claim any further. It is in the best interest of the creditors of SkyWork Airlines AG to conclude the bankruptcy proceedings swiftly and to receive their dividend.

In consideration of the legal and financial situation, we submit the creditors of SkyWork Airlines AG the following

Proposal

The bankruptcy estate shall waive the right to assert the claim against the loan provider and shall leave these rights to the creditors according to Article 260 SchKG.

If a majority of the creditors do not object to the proposal to the bankruptcy administration by 6 September 2022, the proposal will be deemed adopted. Silence shall be deemed as consent (BGE 136 III 538).

Requests for assignment of the legal claim of the avoidance action have to be submitted in written form to the bankruptcy administration by 6 September 2022.

The existing files can be inspected upon appointment by telephone (+41 31 636 85 59) at the bankruptcy office Bern-Mittelland, Department Mittelland.

If you have any questions or require further information, please do not hesitate to contact us.