281.1
SCHKGLPLEF
CH
CH
Art. 208 Legge federale dell'11 aprile 1889 sulla esecuzione e sul fallimento (LEF)
LEF; Titolo sesto: Degli effetti del fallimento; II. Degli effetti del fallimento sui diritti dei creditori; A. Esigibilità dei debiti
Art. 208 LEF
La dichiarazione di fallimento rende esigibili rimpetto alla massa tutti i debiti del fallito eccettuati quelli che sono effettivamente garantiti da pegno sui suoi fondi. Il creditore può far valere col suo credito gli interessi fino al giorno della dichiarazione e le spese di esecuzione.
Dai crediti infruttiferi non ancora scaduti si deduce lo sconto del cinque per cento.
Decisioni giudiziarie che applicano questa disposizione (25)
ZK 2010 202 · be (Art. 208 SchKG)
Guarantor's Regress Claim Against Counter-Guarantor Not Fully Enforceable Before Original Debt Maturity
Cited in the reasoning to explain how the main claim became due prematurely due to bankruptcy, which is then counteracted by Art. 501 Abs. 1 OR.
BEK 2021 17 · sz (Art. 208 Abs. 1 SchKG)
Creditor Provisional Authorization in Bankruptcy Context
The court confirmed that the debt became due by operation of law due to bankruptcy proceedings, as claimed by the applicant, which is a condition for granting the provisional legal remedy.
ZKBER.2016.49 · so (Art. 208 Abs. 1 SchKG)
Appellant v. Creditor Regarding Unfulfilled Set-Off Debt
Cited to support the finding that bankruptcy proceedings cause all debt obligations to become due.
NE140009 · zh (Art. 208 Abs. 1 SchKG)
Appellate Court Upholds Creditors' Claims in Bankruptcy Proceedings
Deals with the maturity of claims in bankruptcy proceedings for outstanding contractual performance.
S.questre.2013.16 · vd (Art. 208 al. 1 LP)
Creditor's Attachment of Co-owned Property Based on Judgment Against Limited Partnership
Cited in the reasoning concerning the conversion of social debts into money debts upon bankruptcy.
15.2012.56 · ti (Art. 208 LEF)
Attachment of Potential Liquidation Dividend in Bankruptcy Claim
Cited in the preamble as a basis for considering the claim as existing and due when determining the validity of the supplementary attachment.
Faillite.2010.11 · vd (Art. 208 ss LP)
Creditor Appeal to Annul Bankruptcy Judgment Dismissed Due to Failure to Prove Debtor Solvency
This provision was cited in passing to justify the appellant's interest in appealing, despite having obtained the initial ruling favoring bankruptcy.
810.2008.359 · bl (Art. 208 Abs. 1 SchKG)
Postnumerando Taxation and Private Bankruptcy: No Interim Tax Assessment
Cited to explain that the opening of bankruptcy makes all debt obligations of the debtor due, but this does not create new claims.
copy.of.2009.16 · bl (Art. 208 Abs. 1 SchKG)
Interim Tax Assessments in Bankruptcy
Cited to explain that the opening of bankruptcy makes all the debtor's obligations due, but the court distinguishes this from the assessment period for taxes.
048.2008 · bl (Art. 208 Abs. 1 SchKG)
Taxpayer vs. Tax Authority: Annual Tax Assessment in Bankruptcy
Cited to establish that the opening of bankruptcy renders all of the debtor's debt obligations due.
049.2008 · bl (Art. 208 Abs. 1 SchKG)
Tax Liability for Entire Year of Bankruptcy Declaration
Cited to establish that bankruptcy proceedings make all of the debtor's obligations due.
SKG 2006 38 · gr (Art. 208 SchKG)
Debtor Successfully Appeals Bankruptcy Order After Proving Debt Payment
Although the specific article is not explicitly cited in the dispositive, the decision is based on the annulment of a bankruptcy decision due to payment of the debt, which is the core subject matter regulated by the Law on Debt Collection and Bankruptcy (SchKG), as inferred from the ruling in order 1.
15.2003.52 · ti (Art. 208 LEF)
Financial Institution Set-Off Dispute in Bankruptcy Execution
Mentioned in the context of the bank's claim not being yet due, although the court ultimately did not need to examine set-off deeply.
15.2003.51 · ti (Art. 208 LEF)
Bank Set-Off in Bankruptcy Proceedings Over Rental Income and Loan Claim
Cited in the final orders, although its non-application was relevant to the reasoning regarding pre-bankruptcy debt maturity.
FI.2002.0081 · vd (art. 208-220 (LP))
Capital Gains Tax Deferral on Business Sale Reinvestment Denied
Cited in the reasoning regarding the consequences of not producing a claim in bankruptcy, but not explicitly used in the operative part (dispositive) to reject the appeal.