Appeal of Bankruptcy Order Based on Undisputed Non-Payment
Svizzera · Canton Svitto (CH-SZ)
Sintesi Legislator
Generato dall'IAA party appealed a lower court's decision to open bankruptcy proceedings against them. The appellant contested the finding that they were unable to pay their debts, arguing that available assets should have been considered, particularly a substantial overdue receivable from a related party which they claimed was fully recoverable. The court dismissed the appeal, reasoning that the lower court was justified in finding insolvency based on the undisputed non-payment of due liabilities, and that the appellant failed to provide sufficient evidence or guarantee that the related-party receivable could be immediately and reliably enforced to cover the outstanding debts, thereby upholding the bankruptcy order.
Regesto Legislator
Generato dall'IAAppeal of Bankruptcy Order Based on Undisputed Non-Payment: The appellant contested the finding that they were unable to pay their debts, arguing that available assets should have been considered, particularly a substantial overdue receivable from a related party which they claimed was fully recoverable. The court dismissed the appeal, reasoning that the lower court was justified in finding insolvency based on the undisputed non-payment of due liabilities, and that the appellant failed to provide sufficient evidence or guarantee that the related-party receivable could be immediately and reliably enforced to cover the outstanding debts, thereby upholding the bankruptcy order.
Parole chiave
Generato dall'IADecisioni correlate
Generato dall'IATesto completo
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\n\n| | | |\n Kantonsgericht Schwyz |\n 1 |\n \n\n
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\n \n Beschluss vom 22. Januar 2024 \n BEK 2024 7 \n \n \n
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|\n Mitwirkend |\n Kantonsgerichtspräsident Reto Heizmann, Kantonsrichterinnen Clara Betschart und Ilaria Beringer, Gerichtsschreiber Noah Thurnherr. |\n
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|\n In Sachen |\n A.________, Gesuchsgegnerin und Beschwerdeführerin, gegen B.________ AG, Gesuchstellerin und Beschwerdegegnerin, \n vertr. durch B.________ AG, |\n
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\n\n| | | |\n betreffend |\n Konkurseröffnung |\n \n\n
\n (Beschwerde gegen die Verfügung des Einzelrichters am Bezirksgericht March vom 3. Januar 2024, ZES 2023 547);- \n \n \n \n hat die Beschwerdekammer, \n \n nachdem sich ergeben und in Erwägung: