281.1
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Art. 269 Legge federale dell'11 aprile 1889 sulla esecuzione e sul fallimento (LEF)
LEF; Titolo settimo: Della liquidazione del fallimento; VII. Della chiusura del fallimento; B. Beni scoperti successivamente
Art. 269 LEF
Se, chiuso il fallimento, si scoprono beni che sarebbero spettati alla massa, ma non vi furono compresi, l’ufficio ne prende possesso e li realizza senz’altra formalità, distribuendo la somma ricavatane fra i creditori perdenti, secondo il grado rispettivo.
L’ufficio dei fallimenti procede nello stesso modo riguardo alle somme depositate che divengono disponibili o che non sono state riscosse entro dieci anni.
Trattandosi di pretesa dubbia, l’ufficio ne avvisa i creditori mediante pubblicazione o con lettera. Si applicano per analogia le disposizioni dell’articolo 260.
Decisioni giudiziarie che applicano questa disposizione (39)
BA 2024 2 · zg (Art. 269 Abs. 1 SchKG)
Creditor's Entitlement to Post-Insolvency Distribution Following Successful Negative Collateral Action
Cited in the reasoning section (E. 2.3) as the general rule for distribution in subsequent bankruptcy proceedings, supporting the re-distribution ordered in 2.1.
105 2023 35 · fr (art. 269 al. 2 LP)
Creditor v. Enforcement Office: Distribution of Consigned Funds After Property Sale
Cited as the rule determining that consigned assets not withdrawn after ten years are distributed among losing creditors according to their rank, applied analogously to the distribution procedure.
SB210169 · zh (Art. 269 Abs. 1 SchKG)
Fraudulent Bankruptcy Conviction Upheld for Concealing Assets
The bankruptcy office is responsible for distributing the funds to creditors.
BV.2021.00027 · zh (Art. 269 SchKG)
Plaintiff Denied Full Early Retirement Pension Due to Continued Company Influence
Cited in one of the plaintiff's alternative claims regarding the distribution of employer contributions in case of insolvency.
SB200197 · zh (Art. 269 SchKG)
Acquittal Upheld in Fraud and Money Laundering Case Due to Insufficient Proof of Intent
This provision was applied by the court to confirm the lower court's decision regarding the lifting of bank account freezes.
93/2014/23 · sh (Art. 269 SchKG)
Cancellation of Commercial Entry Does Not Bar Post-Bankruptcy Proceedings; Creditor's Request Rejected as Abusive
The requirements for a post-bankruptcy procedure were not met due to the abusive assertion of the claims, leading to the cancellation of the inventory listing.
A-2741/2018 (art. 269 LEF)
Appeal Dismissed Due to Company Dissolution and Loss of Legal Standing
Cited regarding the discovery of assets after bankruptcy closure.
A/2601/2018 · ge (art. 269 LP)
Creditor's Appeal to Supplement Bankrupt Estate Inventory Denied
The court rejected the appeal because the assets in question were known before the bankruptcy was closed, meaning Article 269 LP (which concerns newly discovered assets after closure) was inapplicable.
C/1192/1990 · ge (art. 269 al. 2 LP)
Approval of Final Liquidation Report and Closure of Bank Bankruptcy
Cited when discussing the consignment of unpaid dividends, though not directly in the final orders, it's part of the context leading to the conclusion that liquidation is complete.
15.2018.38 · ti (art. 269 cpv. 2 LEF)
Mortgage Note Inclusion and Interest Calculation in Property Auction Charges
Cited by analogy in the reasoning regarding an alternative procedure for the debtor, though not directly used in the final orders.
C1 10 27 · vs (Art. 269 SchKG)
Bankruptcy Estate Entitled to Surplus Court Funds Over Successor Entity
Cited in the final order regarding the transfer of the surplus funds to the bankruptcy office for distribution to creditors.
A/2425/2017 · ge (Art. 269 al. 1 LP)
Consolidated Bankruptcy Asset Sale Challenge and Supplementary Realization Annulment
The court annulled the decision to open a complementary realization procedure based on this article, finding the office erred in its application.
A/2650/2015 · ge (art. 269 LP)
Complainant v. Bankruptcy Office: Refusal to Reopen Liquidation Upheld
The appeal was rejected because the conditions for applying this article (concerning discovering assets after bankruptcy closure) were not met for the alleged new assets.
15.2014.99 · ti (art. 269 LEF)
Creditor Appeal of Defective Abandonment Notice in Summary Bankruptcy Liquidation
Cited in the reasoning (Considerando 4) regarding the reopening of bankruptcy, which is relevant context for the clarification ordered in the dispositive.
TDSIO LP 95 53 · vs (art. 269 LP)
Bankruptcy Closure Despite Incomplete Report Due to Prescription and Administrative Consensus
Reserved in the final order regarding the closure of the bankruptcy, allowing for subsequent realization proceedings.