281.1
SCHKGLPLEF
CH
CH
Art. 307 Legge federale dell'11 aprile 1889 sulla esecuzione e sul fallimento (LEF)
LEF; Titolo undecimo: Della procedura concordataria; II. Disposizioni generali sul concordato; B. Omologazione; 3. Impugnazione
Art. 307 LEF
La decisione sul concordato può essere impugnata mediante reclamo secondo il CPC .
Il reclamo ha effetto sospensivo, sempreché l’autorità giudiziaria superiore non disponga diversamente.
Decisioni giudiziarie che applicano questa disposizione (15)
14.1995.95 · ti (art. 307 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.
Faillite.2018.16 · vd (Art. 307 LP)
Appeal Regarding Ratification of Asset Sale and Dividend Composition in Debt Protection Proceedings
Cited in the introductory heading and in the reasoning regarding the admissibility of the appeal against the homologation decision.
Faillite.2016.26 · vd (Art. 307 LP)
Dividend Composition Homologation Refusal and Bankruptcy Confirmation
Cited in the reasoning regarding the right to appeal a decision on concordat homologation.
Faillite.2015.30 · vd (Art. 307 LP)
Creditor Appeal Untimely Due to Missed Statutory Deadline
Cited in the reasoning regarding the appealability of the judgment homologating the concordat, although the main ground for the dispositive is procedural.
Faillite.2015.9 · vd (Art. 307 LP)
Appeal Dismissed for Lack of Standing in Debt Restructuring Confirmation
The general basis for appeal against a judgment on the homologation of a concordat, although the appeal was ultimately dismissed based on standing issues.
14.2009.60 · ti (art. 307 LEF)
Composition Moratorium Extension Conditional Approval
This article is cited in the reasons preceding the dispositive and relates to the appeal procedure in bankruptcy matters.
14.2009.54 · ti (art. 307 LEF)
Appeal Regarding Rejection of Ordinary Composition Due to Insufficient Security
Cited in the preamble as the legal basis for the appeal jurisdiction.
14.2009.45 · ti (Art. 307 LEF)
Composition Moratorium Revocation Due to Procedural Due Process Violation
Cited in the final deliberation as a basis for the decision regarding the appeal concerning the moratorium.
14.2003.3 · ti (Art. 307 LEF)
Appeal Against Homologation of Concordat with Asset Abandonment Upheld
Cited in the final order (Order 1) as the basis for the decision on the appeal against the homologation.
14.1999.00016 · ti (art. 307 LEF)
Appeal Regarding Homologation of Arrangement with Creditors Over Unproven Loan and Social Security Liabilities
Cited in the reasoning section regarding the appellant's legitimacy to appeal the homologation decision.
14.2003.3 · ti (art. 307 LEF)
Creditor Appeal Regarding Composition Agreement Approval Upheld
Cited in the final orders as the legal basis governing the appeal being decided.
14.2008.67 · ti (art. 307 LEF)
Composition Revocation Nullified Due to Lack of Proper Representation
Cited in the preamble regarding the appeal deadline (though the appeal itself was heard despite the procedural nullity found).
14.2009.45 · ti (Art. 307 LEF)
Debtor v. Creditors (Procedural Violation in Moratorium Revocation)
Cited in the final pronouncement, referenced for determining appealability against decisions regarding the moratorium.
14.2009.54 · ti (art. 307 LEF)
Appeals Chamber Upholds Refusal to Approve Composition Agreement Due to Insufficient Guarantees
The decision rules on the appeal against the decision on the homologation of the composition, as permitted by this article.
14.2009.60 · ti (art. 307 LEF)
Composition Moratorium Extension Conditional on Financial Deposit
Cited in the reasoning (end of the decision) as a basis for the procedure concerning appeals against moratorium decisions.