281.1
SCHKGLPLEF
CH
Art. 267 Legge federale dell'11 aprile 1889 sulla esecuzione e sul fallimento (LEF)
LEF; Titolo settimo: Della liquidazione del fallimento; VI. Della ripartizione; G. Crediti non insinuati
Art. 267 LEF
I creditori che non hanno partecipato alla liquidazione sottostanno alle limitazioni di coloro che ricevettero un attestato di carenza di beni.
Decisioni giudiziarie che applicano questa disposizione (20)
C/24127/2020 · ge (art. 267 LP)
Manager's Opposition to Social Security Payment Order Upheld After Bankruptcy
Cited in reasoning 3.1.4 concerning the treatment of claims whose holders did not participate in the bankruptcy proceedings.
CDP.2013.335 · ne (Art. 267 LP)
Employer's Suit for Recovery of Salary Paid Pending Final Appeal Decision
Cited in connection with the legal consequences of the certificate of debt, particularly concerning interest on claims not produced in bankruptcy.
CDP.2013.335 · ne (Art. 267 LP)
Employer's Suit for Recovery of Salary Paid Pending Final Appeal Decision
Cited to establish that claims not produced in bankruptcy are subject to the same restrictions as those with a certificate of debt.
RT150135 · zh (Art. 267 SchKG)
Creditor's Payment Order Upheld Despite Prior Bankruptcy Filing
Applied to clarify that claims not filed in bankruptcy proceedings do not extinguish and can still be pursued after the bankruptcy closes.
AK.2014.00022 · zh (Art. 267 SchKG)
Director's Bankruptcy Voids Social Security Liability Claim
Cited as the legal basis for the defendant's (Beschwerdegegnerin) obligation to accept the plaintiff's (Beschwerdeführer) defense regarding lack of new assets, even though the defendant did not participate in the bankruptcy proceedings.
RT130171 · zh (Art. 267 SchKG)
Tax Debt Collection Upheld Due to Failure to Declare No New Assets
Cited to state that claims of creditors who did not participate in the bankruptcy are subject to the same restrictions as those for which a loss certificate has been issued.
ML.2010.182 · vd (Art. 267 LP)
Provisional Lifting of Opposition to Payment Order Based on 1992 Certificate of Seizure
Cited in the reasoning to address the creditor's requirement to prove the debtor's return to better fortune if the claim arose before bankruptcy.
A/4107/2008 · ge (art. 267 LP)
Enforcement Office Dismissal Upheld Regarding Late Assertion in Payment Order Proceedings
Cited superfluously to support the argument that the exception of non-return to better fortune could not be raised in this context (Point 5).
049.2008 · bl (Art. 267 SchKG)
Tax Liability for Entire Year of Bankruptcy Declaration
Cited to explain the consequences for creditors who did not participate in the bankruptcy proceedings.
SK 02 155 · lu (Art. 267 SchKG)
Execution Loss Certificates and Post-Bankruptcy Provisional Legal Remedy Status
Cited to define the limitations (e.g., non-interest-bearing, defense of lacking new assets) that still apply to the debt despite the bankruptcy.
S 99 408 · lu (Art. 267 SchKG)
Compensation Fund's Liability Claim Deadline in Corporate Bankruptcy
Applied to determine the consequences for the claimant who failed to participate in the bankruptcy proceedings.
CCC.1999.7653 · ne (art.267 LP)
Creditor Appeal Success: Procedural Violations in Debt Opposition Based on Post-Hearing Filings and Failure to Rule on Provisional Lifting
Cited in the reasoning to explain the specific legal situation governing the creditor's rights given the pre-bankruptcy certificate of default.
RBOG.1997.Nr.22 · tg (Art. 267 SchKG)
Debtor's Objection to Execution Based on Loss Certificate Following Bankruptcy Remanded for Substantive Review of Asset Status
Cited to establish the limitations on claims from creditors who did not participate in the bankruptcy, which is relevant to the objection raised.
FI.1995.0045 · vd (art. 267 LP)
Seller's Solidary Liability for Pre-Bankruptcy Transfer Tax
The court determined that the tax claim constituted a debt prior to bankruptcy, subject to the restrictions of an unproduced claim under this article.
OG 1994 49 · lu (Art. 267 SchKG)
Creditor Enforcement Rights Following Pfändungsverlustschein After Bankruptcy
The provision is cited to equate the claims of creditors who did not participate in the bankruptcy with those who received a certificate of default from the bankruptcy.