281.1
SCHKGLPLEF
CH
CH
Art. 293 Legge federale dell'11 aprile 1889 sulla esecuzione e sul fallimento (LEF)
LEF; Titolo undecimo: Della procedura concordataria; I. Moratoria concordataria; A. Introduzione
Art. 293 LEF
La procedura concordataria è promossa mediante: a. l’istanza del debitore, corredata dei seguenti documenti: bilancio aggiornato, conto economico e piano di liquidità, o documenti attestanti lo stato patrimoniale o reddituale attuale e futuro del debitore, nonché un piano di risanamento provvisorio; b. l’istanza di un creditore legittimato a presentare domanda di fallimento; c. la trasmissione degli atti conformemente all’articolo 173 a capoverso 2.
Decisioni giudiziarie che applicano questa disposizione (46)
14.1998.106 · ti (art. 293 ss. LEF)
Debtor's Appeal Against Concordat Moratorium Denial Dismissed; Bankruptcy Confirmed
These articles concerning the bankruptcy procedure are cited in the preamble to the dispositive, alongside other provisions, indicating the legal basis for the decision (which ultimately results in declaring bankruptcy).
14.1997.10 · ti (Art. 293 ss. LEF)
Debtor's Moratorium Extension Denied Amidst Insufficient Asset Valuation and Creditor Harm
These articles establish the general framework for the conciliation procedure, cited as the basis for the final decision.
14.1995.209 · ti (art. 293 ss. LEF)
Appeal Against Second Moratorium for Composition with Abandonment of Assets Granted Despite Prior Failed Composition
Cited as the basis for the decision concerning the moratorium procedure.
14.1995.95 · ti (art. 293 ss. LEF)
Creditor Arrangement Moratorium Denial Due to Undiminished Insolvency and Prior Misconduct
Cited in the operative section as a basis for the decision rejecting the appeal regarding the concordatory moratorium.
ZZ.1976.12 · so (Art. 293 SchKG)
Corporation's Right to Composition Agreement Despite Insolvency
The court confirmed that the applicant met the requirements for the court to enter into proceedings for a composition agreement.
A/1521/2025 · ge (art. 293 ss LP)
Tax Debtor Opposes Bankruptcy, Seeking Stay; Jurisdiction Transfers to Trial Court
The court referenced this article as governing the request for 'sursis concordataire' (composition moratorium), which it deemed the true nature of the appellant's request, falling under the jurisdiction of the civil court.
BA 2025 21 · zg (Art. 293 lit. a SchKG)
Appeal Against Bankruptcy Initiation Dismissed Due to Improper Procedural Review Channel
Cited in the reasoning, indicating relevant supporting documents required for a potential application for deferment of bankruptcy proceedings, which is noted in the dispositive context.
PS240220 · zh (Art. 293 lit. a SchKG)
Co-Owner's Appeal of Denied Moratorium for Foreclosure Due to Insufficient Financial Documentation
Cited in the reasoning (E. 5.1) regarding the debtor's obligations for filing the application, which formed the ultimate ground for dismissing the appeal (failure to meet substantiation requirements).
PS220174 · zh (Art. 293 ff. SchKG)
Company Denied Moratorium Pending Ponzi Scheme Investigation
The court dismissed the appeal because the company's financial difficulties were temporary and due to criminal proceedings, not a need for restructuring, which is the purpose of the stay of proceedings under these articles.
C/20395/2021 · ge (art. 293 let. b LP)
Company Over-indebtedness Notice Rejection and Provisional Concordatory Settlement Appeal
The court found that the appellant (creditor) was entitled to request bankruptcy without prior enforcement proceedings, thus justifying the request for provisional concordatory settlement.
C/11404/2020 · ge (Art. 293 let. a LP)
Appeal Against Bankruptcy Order Upheld Due to Insufficient Restructuring Evidence
Cited in the context of the documentation required for a concordatory stay request, which is the core issue of the decision.
PS180131 · zh (Art. 293 ff. SchKG)
Debtor's Request for Provisional Debt Rescheduling Dismissed Due to Intent to Flee Jurisdiction
The appeal was dismissed because the debtor's imminent move abroad meant the debtor could not fulfill the requirements for the continuation of the composition proceedings.
PS150198 · zh (Art. 293 ff. SchKG)
Debtor's Appeal Dismissed as Improper Initiation of Debt Restructuring
The court cited these articles to explain that the application for composition proceedings is a separate procedure that must be initiated before the individual judge as the composition court, and that the decision on granting a stay of proceedings falls under the jurisdiction of the individual judge.
AbR.2000.01.Nr.28 · ow (Art. 293 SchKG)
Director's Appeal Dismissed for Lack of Standing and Merits
Cited regarding the requirement of a Board of Directors' resolution for a moratorium application.
Faillite.2015.20 · vd (Art. 293 LP)
Creditor Bankruptcy Appeal: Moratorium Denial Upheld, Bankruptcy Declaration Overturned for Procedural Error
Cited in the reasoning regarding the conditions for initiating a concordatory procedure upon the debtor's request.