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Art. 293a Legge federale dell'11 aprile 1889 sulla esecuzione e sul fallimento (LEF)
LEF; Titolo undecimo: Della procedura concordataria; I. Moratoria concordataria; B. Moratoria provvisoria; 1. Concessione
Art. 293a LEF
Il giudice del concordato concede senza indugio una moratoria provvisoria e adotta d’ufficio i provvedimenti necessari a preservare il patrimonio del debitore. Su domanda può prorogare la moratoria provvisoria.
La durata della moratoria provvisoria non può eccedere quattro mesi. Su domanda del commissario o, se questo non è stato designato, del debitore, in casi motivati la moratoria provvisoria può essere prorogata al massimo di 4 mesi.
Se manifestamente non vi sono possibilità di risanamento o di omologazione di un concordato, il giudice del concordato dichiara d’ufficio il fallimento.
Decisioni giudiziarie che applicano questa disposizione (22)
PS240220 · zh (Art. 293a Abs. 3 SchKG)
Co-Owner's Appeal of Denied Moratorium for Foreclosure Due to Insufficient Financial Documentation
While the court dismissed the appeal (Art. 1 LTF implications), the core finding revolves around the absence of grounds for granting the provisional stay of proceedings, which relates to the condition for opening bankruptcy (Art. 293a Abs. 3 SchKG) in the lower court's reasoning, although the appeal itself was dismissed on procedural grounds (lack of substantiation).
177----------- · vd (Art. 293a al. 2 LP)
Bankruptcy Affirmation Following Failed Concordatory Suspension Appeal
The court rejected the appeal, thereby confirming the decision not to grant a further extension of the provisional moratorium.
C/20395/2021 · ge (art. 293a al. 1 et 3 LP)
Appeal Against Bankruptcy Order Following Denial of Stay Extension
Cited as the legal basis for the first instance court's decision to dismiss the request for concordatory stay and order bankruptcy when no prospect of reorganization was apparent.
BZ 2023 62 · zg (Art. 293a Abs. 1 SchKG)
Company v. Creditors (Provisional Debt Restructuring Moratorium)
The provision used as the basis for granting the provisional moratorium after finding that there was no obvious lack of prospects for restructuring.
BZ 2023 62 · zg (Art. 293a Abs. 2 SchKG)
Company v. Creditors (Provisional Debt Restructuring Moratorium)
Cited to justify the permitted maximum extension period for the provisional moratorium.
BZ 2023 62 · zg (Art. 293a Abs. 3 SchKG)
Company v. Creditors (Provisional Debt Restructuring Moratorium)
Cited in the reasoning to establish the criterion for granting the moratorium (i.e., only when there is an obvious lack of prospects for restructuring, the court opens bankruptcy).
C/15878/2022 · ge (art. 293a al. 3 LP)
Creditor Arrangement Denial Confirmed Due to Insufficient Restructuring Plan Documentation
The court confirmed the bankruptcy pronouncement because it determined there were manifestly no prospects of restructuring or approval of a concordat, justifying the immediate declaration of bankruptcy.
Faillite.2021.11 · vd (Art. 293a al. 3 LP)
Appeal Regarding Rejection of Provisional Composition Agreement and Bankruptcy Declaration
This article was cited in the reasoning explaining why the bankruptcy order (the refusal of the provisional concordat) was correctly issued by the first instance judge.
Faillite.2020.36 · vd (Art. 293a LP)
Company Bankruptcy Denial Upheld Over Restructuring Doubts
This article concerns the conditions for granting a provisional stay (sursis provisoire), which was the core subject of the appeal that was ultimately rejected in the dispositive.
Faillite.2020.37 · vd (Art. 293a al. 3 LP)
Company Bankruptcy Appeal Upheld After Refusal of Provisional Concordat
The court implicitly confirmed the rejection of the provisional moratorium and the declaration of bankruptcy based on the finding that there were manifestly no prospects for rehabilitation or homologation of a composition agreement.
C/11404/2020 · ge (Art. 293a al. 3 LP)
Appeal Against Bankruptcy Order Upheld Due to Insufficient Restructuring Evidence
Cited in connection with the condition under which the court pronounces bankruptcy if there are clearly no prospects for restructuring or approval of a concordat.
ARMC.2018.83 · ne (Art. 293a al. 1 LP)
Company Provisional Moratorium Versus Bankruptcy Declaration
The court orders the lower court to grant a provisional stay and take preservation measures as per this article.
ARMC.2018.83 · ne (Art. 293a al. 3 LP)
Company Provisional Moratorium Versus Bankruptcy Declaration
This article was the basis for the lower court's original dismissal, but the appellate court found that the condition of a 'manifest' absence of prospects for recovery was not met.
PS180131 · zh (Art. 293a Abs. 3 SchKG)
Debtor's Request for Provisional Debt Rescheduling Dismissed Due to Intent to Flee Jurisdiction
The court noted that the lower court correctly assumed that, due to the inapplicability of the request, the bankruptcy would not be opened ex officio.
Faillite.2017.19 · vd (Art. 293a al. 3 LP)
Company Bankruptcy Appeal Over Denial of Provisional Stay
Cited as the legal basis for the court's finding that there were manifestly no prospects for reorganization, leading to the dismissal of the appeal.