281.1
SCHKGLPLEF
CH
CH
Art. 175 Legge federale dell'11 aprile 1889 sulla esecuzione e sul fallimento (LEF)
LEF; Titolo quinto: Della procedura di fallimento; I. Della procedura ordinaria di fallimento; E. Momento dell’apertura del fallimento
Art. 175 LEF
Il fallimento si considera aperto dal momento in cui è dichiarato.
Il giudice stabilisce tale momento nella sentenza.
Decisioni giudiziarie che applicano questa disposizione (47)
AbR.1996.97.Nr.25 · ow (Art. 175 Abs. 1 SchKG)
First Bankruptcy Decree Prevails Over Second Based on Insolvency Declaration
Determines the time at which bankruptcy is deemed to have been opened.
14.1995.96 · ti (art. 174, 175 LEF)
Creditors' Petition for Bankruptcy Upheld After Revocation of Composition Moratorium
These articles concerning bankruptcy prerequisites were cited in the context of the final decision to uphold the bankruptcy ruling.
ZSU.2025.285 · ag (Art. 175 Abs. 1 SchKG)
Debtor Fails to Prove Solvency Despite Settling Debt, Bankruptcy Order Upheld
Cited for the principle that bankruptcy is deemed to commence at the time of the court's order.
ZSU.2025.285 · ag (Art. 175 Abs. 2 SchKG)
Debtor Fails to Prove Solvency Despite Settling Debt, Bankruptcy Order Upheld
Cited for the court's role in establishing the commencement date of bankruptcy in its order.
ZSU.2025.169 · ag (Art. 175 Abs. 1 SchKG)
Appeal dismissed: Solvency not proven
Defines the point in time when bankruptcy is considered opened.
ZSU.2025.169 · ag (Art. 175 Abs. 2 SchKG)
Appeal dismissed: Solvency not proven
States that the court determines the time of bankruptcy opening in its decision.
ZSU.2024.67 · ag (Art. 175 Abs. 1 SchKG)
Debtor's Bankruptcy Appeal Dismissed for Unproven Debt Payment
States that a konkurs is considered opened from the time it is recognized by the court.
ZKBES.2022.128 · so (Art. 175 SchKG)
Auditor's Over-Indebtedness Filing Upheld on Appeal Due to Post-Filing Cures Deemed Irrelevant
This article requires setting a new date for the bankruptcy order in the appeal decision if the original decision is confirmed.
C/25109/2020 · ge (art. 175 LP)
Rectification of Judgment Regarding Effective Date of Bankruptcy Following Appeal Dismissal
This provision was applied in conjunction with the rectification to determine the effective date of the bankruptcy following the appeal decision.
C/25110/2020 · ge (art. 175 LP)
Appellant Seeks Rectification of Appellate Judgment on Bankruptcy Commencement Date
Cited to establish that the bankruptcy takes effect on the date the decision is pronounced, which was necessary to complete the dispositive regarding the bankruptcy date.
C/25111/2020 · ge (Art. 175 LP)
Company Bankruptcy Confirmation and Effective Date Rectification
The court confirms the declaration of bankruptcy, which takes effect on the date of the appeal decision due to the previously granted stay of execution.
BEK 2021 158 · sz (Art. 175 SchKG)
Creditor's Attachment Defeated by Foreign Bankruptcy Recognition
Cited in the reasoning section indicating the continued effect of the bankruptcy ruling which determined the outcome.
AC/1193/2021 · ge (art. 175 LP)
Denial of Legal Aid for Futile Bankruptcy Petition
Cited in conjunction with art. 194 LP to establish that a judge's decision is required for the opening of bankruptcy.
C/8147/2018 · ge (Art. 175 LP)
Appellant v. Bankruptcy Estate (Labor Claim Preference Period)
Cited in the reasoning to determine the starting point (*dies a quo*) for calculating the look-back period for first-class claims.
PS190145 · zh (Art. 175 SchKG)
Bankruptcy Order Overturned Due to Improper Notice and Debt Satisfaction
Mentioned in the reasoning regarding the determination of the time of opening bankruptcy.