19.06.2020

Personal bankruptcy

What is a personal bankruptcy  ?

The bankruptcy solution mainly concerns legal entities registered with the commercial register as a sole proprietorship, but natural persons can also use it. This is referred to as personal bankruptcy.

Natural persons, who are therefore not registered in the commercial register, are nevertheless subject to certain conditions:

 

  • They must be able to demonstrate their over-indebtedness
  • The debtor must also prove that no out-of-court settlement could be reached with the various creditors. Personal bankruptcy is the last possible solution for an indebted person. 
  • The debtor also has to pay around CHF 4,000 in costs. Indeed, the procedure for a personal bankruptcy involves a judge, the bankruptcy office and several other official publications with the SOGC (Swiss Official Gazette of Commerce). 

 

Feel free to check out this article if you'd like more information on the difference between debt and over-indebtedness. 

Therefore, if people affected by over-indebtedness and insolvency find themselves unable to repay their debts and lawsuits, they can declare their situation as well as their wish to file a personal bankruptcy with the debt collection office in their region.

The relevant debt collection office will then initiate bankruptcy proceedings.

This procedure consists of drawing up a list of all the debtor's creditors and reaching a certain agreement with them. This agreement, as far as possible and within the law, will consist of seizing the debtor's valuable assets in order to repay his creditors and therefore his debts as much as possible. These assets can be objects as well as real estate. 

 

Consequences of Personal Bankruptcy 

Personal bankruptcy can have a beneficial effect on the standard of living of the indebted person, in addition to offering better legal protection. 

When a person is declared bankrupt, pending debt collections and seizures against the debtor are automatically put on hold. 

Thus, the debtor will no longer be able to receive an order to pay in respect of debts incurred before the bankruptcy. 

As far as a legal person is concerned, responsible for a company, the latter will unfortunately no longer be able to use the assets of its company and thus continue to run the company, because these assets will be considered seizable by the bankruptcy office.

However, any employee who has resorted to bankruptcy will be able to continue his activity and freely dispose of his salary. 

However, it is important to know that declaring bankruptcy is not a drastic way to reduce your debt. 

At the end of the bankruptcy proceedings, if all the debtor's lawsuits have not been liquidated by the seizure of assets, the debtor will receive a certificate of default that will show the unpaid amount, thus representing the IOU.

This certificate of default will allow creditors, for 20 years, to relaunch debt enforcement proceedings in the future, in the event that the debtor's financial situation improves and they wish to claim their due again. 

Personal bankruptcy therefore corresponds to a suspension of your debts, and not a cancellation.

 

The Best Alternative After Bankruptcy

When a bankruptcy procedure is over and there are still balances in deeds of default, it is worth contacting the creditors again in order to negotiate the implementation of a payment arrangement that could finally allow the debtor to settle all his debts, or even negotiate the certificates of default of assets downwards. 

Our Solvable team is a specialist in the field of the implementation of remediation plans, and therefore your trusted solution to restart from a new perspective.

Cleaning up your debts means freeing yourself from a weight and finally being able to get out of the tunnel.

Our advisors will be happy to answer you on 021 620 60 02

You can also apply online, without obligation.

 

 

 



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27.04.2022
Do you need a personal loan? What guarantees will need to be provided?

You may not have the collateral you need to obtain consumer credit. Is this really a concern? How to do it?

 

Remember your first time?

You put on your best suit or dress to visit the person who will have a huge influence on your life and plans. You're kind of going to meet your significant other. 

The appointment is set, the address where the 'date' will take place is known and you are not sure what to expect.

The date goes as you hoped, the charm works. And then comes the fateful moment, the question that will decide the rest of your meeting... 'What guarantees do you have so that we can review your loan application?'

The cold shower, the atmosphere changes abruptly... You were simply hoping to benefit from financial assistance for your project and you realize that without funds, without goods, without a contribution... This will be more complicated than expected.

As everyone knows, in order to benefit from a bank loan  , you need to present assets in return. The system is thus set up and serves as a margin of safety that allows our financial institutions to take as little risk as possible in granting a loan. Is that fair? Is it romantic? It's simply a give-and-take game.

 

Will history repeat itself?

It all depends on your need. There is indeed a form of financing that does not require any contribution or even the slightest commitment before the contract is signed.

This form of financing is private credit. No need to advance a sum, no need for collateral, no need for guarantees from a third party.

All you need to do is be domiciled in Switzerland, be of legal age and have a file that meets the legal standards in force. 

Of course, additional acceptance criteria are applied once your application has been submitted. Each bank has a set of rules that will need to be agreed to in order for you to benefit from a favorable review. It is therefore essential to gather all the supporting documents to maximize your chances.

Apart from that, there are no guarantees, no advances, no collateral... is not required beforehand.

 

What's the catch?

There is none. A financing platform such as Milenia puts together your file by simply making sure that your budget is in line with the amount requested. It's about presenting you with a responsible and repayable loan. It's as simple as that.

Do I still need to provide documents?

Yes, it is essential to put together an application that meets the established criteria. Repayment capacity, indebtedness, marital status, ZEK and CRIF history, etc.

Is it a cumbersome administrative procedure?

Absolutely not. You will be accompanied and advised. With just a few steps, all the necessary documents are gathered and you will receive a financing proposal within 24 hours. Are you happy with the conditions? Your money is paid out immediately after you sign the credit agreement. It's simple and it's fast.

 

Does it work to buy a vehicle? To finance a furniture project? To pay for my studies?

Yes, yes, yes. The advantage of a loan of this type is also your freedom to use the borrowed funds according to the need you encounter.

Not a fan of the leasing principle  ? You can buy your car in cash. The vehicle is fully yours, you are free to resell it whenever you want, you are not tied to a specific garage or dealership and the type of insurance policy taken out is at your convenience.

Need to renovate your apartment? No need to go through a mortgage. In order to circumvent the complexity of this type of arrangement, a personal loan is indeed an attractive solution. Of course, it all depends on the amount involved, but the simplicity of a loan application combined with the fact that you do not have to pre-finance a loan is very attractive.

Are the registration fees for your studies high? Credit can help. When you're just starting out in the workforce, which is the case for most people entering higher education, needless to say, you're not immersed in cash. As long as your approach is balanced and well thought out, access to a personal loan makes things a lot easier. This way, you can devote yourself fully to succeeding in your academic endeavours!

We repeat; As long as the credit solution is balanced and respectful of your personal and financial reality, it is undoubtedly the least restrictive and easiest to carry out financing method available on the market.

 

How do I do it?

It's easy. All you have to do is go to a financing platform, make a simulation including the amount, duration and the expected interest rate. You will then be contacted for an exchange allowing your personal advisor to further your query. Once the required information has been gathered and you give your consent, your request will be sent to one of the partner banks that is best able to respond favourably.

The contract will then be sent to you. After signing, the amount is paid into your account. Your personal advisor will guide you from the beginning of the process to the receipt of the funds. 

One last thing, not only will you not be asked for any guarantee, but there will be no application fees or remuneration required for the management of your file. This is taken care of by the bank. So don't rely on organizations that charge application fees, study fees, or commissions for advice. You don't have to pay anything upfront to your advisor or the financial institution.

In the end, it's not a romantic approach but at least it's better than your first time!

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17.01.2022
ompare credit offers. It has to be prepared, it has to be done calmly and it has to make sense.

When it comes to your money and a contractual commitment, there's no need to rush. Here are some tips to help you make the right choice.

 

What exactly are we talking about?

When you want to finance a project, there are various solutions available to you. Credit is a relatively simple financing tool, quick to execute and with a light administrative burden.

For further clarification, a credit is also called consumer credit, personal loan, loan, private loan, etc. This is a loan of a sum of money by a creditor to you, the debtor. The amount in question must be reimbursed within a time limit agreed between the parties. An interest rate is calculated in addition to the principal to be repaid in order to remunerate the services of the creditor, a bank in most cases.

As this is a form of financing that does not require a down payment or guarantee, the rate applied varies according to the amount borrowed, the quality of your file and the repayment period.

Financing platforms such as Milenia are used to offer the best rates on the market and to support you in your efforts. You don't pay anything for this service; The remuneration of these platforms is ensured within the framework of the agreements with the partner banks.

 

Before you compare, ask yourself two questions.

Is credit the right solution for my project?

Am I eligible?

The first question has the merit of judging the relevance and usefulness of your approach. As a responsible service provider, we put your interests at the heart of our attention. Over-indebtedness must be avoided at all costs and your loan must bring real added value and not represent a debt that is difficult to overcome.

Can your project be scaled back? Does your cash flow simply allow you to avoid taking out a loan? Is it the right time?

These are all useful questions that allow you to judge whether or not you need to move forward.

The second question is also important.

Your advisor will be able to support you in this reflection, but you can already eliminate some doubts:

Am I domiciled in Switzerland? If not, you will not be eligible.

Am I of legal age? If not, you will not be eligible.

Am I involved in an action filed in the debt collection? If this is the case, you will not be eligible.

 

One egg, one basket.

If you want to continue with a credit application, don't rush!

Above all, do not file multiple applications with different providers or banks.

Each request is logged and will block your access to a favorable response.

Compare, choose your financial partner wisely and, if the conditions are met, draw up your file with them.

To make a fair choice, take advantage of the service offered by a financing platform. It's online and it's easy.

 

Compare what, exactly?

The quality, the network, the accessibility and, of course, the conditions.

By quality, we mean the clarity of the information provided and the transparency of the platform. 

Are there testimonials from satisfied customers? Is there an independent quality body involved, such as Proven Expert? Is the team running the company clearly displayed? Is the company based in Switzerland?

As far as  the network is concerned, the quality and scope of the network will determine the quality of the offers offered to you. Check the partners page or search for published articles or the platform's blog if it exists. 

It is preferable to do business with a major player in the market that has serious, even exclusive, partnerships with recognized banks.

Accessibility. An online solution is often less time-consuming and just as relevant as if you went to an agency. However, it will be necessary to speak with an expert, go through your file in person and have live advice. 

Be sure that you will be able to access this service.

Lately, the conditions. The rates displayed on the various platforms are often similar. There are criteria to be met, however, and these often make the difference.

First of all, the process until you sign the loan agreement must be completely free of charge! Whether you visit a credit comparison platform or a financing platform, run away if you are asked for a single franc for so-called administrative or processing costs.

Secondly, do not sign anything when you are in a comparative or information-seeking process. Your file must first be well completed and analysed and it is only when you make a credit proposal following the acceptance of your application that you will have the opportunity to sign or not.

Finally, a 0.10% lower rate does not necessarily mean a good deal. All of this must be considered. The quality of your relationship with your advisor, the seriousness shown when drawing up your request, the choice of partners... Confidence and peace of mind knowing that you are in good hands is far more important than a tiny spread in the rate offered.

 

Do you have any questions?

We invite you to inquire via Milenia. You will have the opportunity to simulate your credit, learn about our solutions, get to know our team, ask your questions, browse through our customer testimonials and discover our articles on our blog.

Take your time, compare and when your choice is made, we will be at your side to carry out your project. Under the right conditions, with confidence and transparency.

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23.08.2022
You can't get a personal loan in Switzerland. Foreigners as an alternative? It's not the right question to ask yourself and we'll explain why.

When you are denied a credit application, it can be frustrating. It could be that your project is blocked or that you can't get out of debt... Is applying for a loan in France for example or online on a foreign platform a solution? No. First, you need to ask yourself the right questions.

 

What's it like in Switzerland?

The rules in Switzerland are clear and transparent.

A first set of conditions is the need to be of legal age and to reside in Switzerland. Your nationality doesn't matter. If you are over the age of 18 and have the appropriate licence, you are eligible for a loan.

There are rules around your financial capacity. Measures taken by financial institutions leading to over-indebtedness are prohibited in Switzerland. It is therefore essential to study your budget situation and make sure that you have the necessary resources to meet the repayment of your loan.

In addition to these conditions, databases accessible by the lending institutions contain your personal history. Bankruptcies, late payments, outstanding loans, legal troubles, lawsuits...

If your file is well put together and the databases do not prevent the completion of your credit application, you still have to choose the most appropriate solution for your needs. Term, rate, monthly payments, financial partner are all key elements to consider.

 

El Dorado abroad?

If you don't meet the minimum requirements in Switzerland to take out a personal loan, you may be tempted to try to get a loan abroad.

It should be noted that similar rules apply. In France, for example, you will have to present your residence permit or even prove that income is generated locally and collected on accounts established in the country.

Established organizations are generally reputable and will be able to tell you the reasons for refusal. They are also required to comply with standards in place in the field of consumer credit and must comply with national and European rules.

Also beware of exchange rate fluctuations. This can certainly work in your favour, but the opposite is also possible and any risk factor should be avoided when you go into debt.

Application fees are also often applied. The amounts vary, but be aware that any responsible and professional financing platform in Switzerland will not apply any charge related to the processing of your file.

Recently, regulatory authorities such as FINMA have only been supervising Swiss companies. One of FINMA's tasks is to ensure compliance with sector-specific and ethical rules to protect industry players and their users. Working  with a foreign platform, with no recognized affiliation and which promises you mountains and wonders is a risk not to be taken!

 

The real question!

Why couldn't I get a loan agreement? 

Often, it is a case of  actual or potential over-indebtedness.

You may not have enough financial room to cover your day-to-day expenses and the repayment of an additional loan.

In itself, this is not a big deal if the result is the simple time lag of your project. Maybe it's just a matter of thinking smaller and adjusting the amount involved? Be careful, however, not to carry out multiple tests with various organizations because the history of your applications and the resulting refusals are recorded and do not serve your interests.

More complicated, your financial situation is such that you are already in a situation of over-indebtedness. The key is not to take out extra credit to get by. You need to negotiate with your creditors to establish a repayment plan that avoids litigation and takes into account your personal means. There are organizations that can help you with this type of approach.

At worst, you're on a bank list, already facing prosecution... Nothing is insurmountable, but it is clearly a question of cleaning up your accounts, reviewing your charges downwards and doing your best with the authorities, your creditors, your banking partner or even your employer to put in place a plan that will allow you to get your head above water. Credit is not a solution in this case and even less so via foreign organisations which may not have the right reflexes when they 'advise' you.

 

How do you do it?

As you can see. If the conditions are right, the safest, most fairly regulated and most transparent way is to draw up your credit file with a partner based in Switzerland; a partner who knows the legislation and has local experience.

If you're denied, the right question is why. Moreover, a serious financing platform will quickly inform you of the viability of your file. All you have to do is provide the right information in complete transparency. How much does this service cost? Nothing. You are therefore not taking any risks and you will be informed of the reason for a possible refusal.

What to do next? As previously advised, take the bull by the horns. Don't wait. Make sure you are supported in your over-indebtedness efforts and do not increase your deficit.

 

Milenia

As a financing platform based in Switzerland and with an excellent reputation, we will be able to guide you, free of charge, in the preparation of your credit report. Responsibly, ethically and transparently.

All you have to do is simulate your application and meet the conditions for obtaining a favourable opinion. If your financial situation is healthy, your personal advisor will be able to offer you the best conditions on the market thanks to our extensive network of banking partners, all of whom are recognised and approved by FINMA. 

Your trust deserves serious care, free of charge, without commitment and dedicated to making your life better. 

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Loan illustration: loan of CHF 10'000. Effective annual interests rates between 4.9% and 11.95% over a 12 month period lead to total interests of between CHF 261.80 and CHF 624.80. Duration: 6-120 months; Maximum annual interest rate (including all loan handling costs) 11.95%. Loans approval are prohibited if they lead to excess debt for the consumer. (Art. 3 LCD)

 

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