281.1
SCHKGLPLEF
CH
CH
Art. 159 Bundesgesetz vom 11. April 1889 über Schuldbetreibung und Konkurs (SchKG)
SchKG; Fünfter Titel: Betreibung auf Konkurs; I. Ordentliche Konkursbetreibung; A. Konkursandrohung; 1. Zeitpunkt
Art. 159 SchKG
Unterliegt der Schuldner der Konkursbetreibung, so droht ihm das Betreibungsamt nach Empfang des Fortsetzungsbegehrens unverzüglich den Konkurs an.
Gerichtsentscheide zu dieser Bestimmung (82)
KSK 2024 34 · gr (Art. 159 SchKG)
Creditor's Continuation of Bankruptcy Proceedings Following Settlement Agreement
Cited in the reasoning as the prerequisite for issuing a notice of bankruptcy (Konkursandrohung).
15.2024.31 · ti (art. 159 LEF)
Creditor Appeal Against Enforcement Continuation Inadmissibility Ruling
Cited in the reasoning to discuss the prerequisites for issuing a bankruptcy notice (comminatoria di fallimento), which is central to the initial dispute.
A/3904/2023 · ge (art. 159 LP)
Sanctions-Affected Debtor Challenges Bankruptcy Notice Following Unopposed Payment Order
Cited in the reasoning section by the Cantonal Enforcement Office as the obligation to issue the notice of bankruptcy upon receiving the request to continue the enforcement proceedings.
KBE.2024.2 · ag (Art. 159 SchKG)
Debtor's Appeal of Bankruptcy Notice Dismissed Over Untimely Payment Dispute
Cited to establish that the bankruptcy notification was issued promptly after receiving the continuation request.
A/2984/2022 · ge (art. 159 LP)
Debtor's Challenge to Enforcement Continuation Over Full Debt Settlement Dispute
This article was cited in the context of the legal requirements for the enforcement office when issuing the notice of bankruptcy (commination de faillite).
Plainte.2022.12 · vd (Art. 159 LP)
Appellate Court Reverses Denial of Justice in Bankruptcy Notice Challenge
Cited as the legal basis allowing for a complaint against the notice of bankruptcy.
BA 2022 6 · zg (Art. 159 SchKG)
Debtor's Appeal of Bankruptcy Notice Dismissed Due to Final Arbitration Award
Cited in the reasoning as the rule governing when the debt collection office must serve notice of bankruptcy proceedings (implied basis for upholding the decision to issue the notice).
15.2022.23 · ti (art. 159 LEF)
Appeal Against Bankruptcy Notice Dismissed as Inadmissible Due to Improper Procedural Channel for Debt Dispute
Cited in consideration 3 to confirm that the notice of bankruptcy was correctly issued.
C/8453/2021 · ge (Art. 159 LP)
Creditor's Bankruptcy Claim Overturned Due to Voided Prerequisite
Cited in the reasoning as the basis for the requirement of a prior, valid notice of bankruptcy.
A/1677/2021 · ge (art. 159 LP)
Bankruptcy Ultimatum Challenge Rejected Due to Non-Suspensive Appeal
Cited in conjunction with other provisions, supporting the decision that the bailiff's office was not required to refuse to continue the enforcement proceedings based on an enforceable decision.
KSK 2020 93 · gr (Art. 159 SchKG)
Corporate Appeal of Bankruptcy Proceedings Dismissed
The court referenced this article to justify that the bankruptcy warning was correctly issued after receiving the continuation request.
A/2239/2020 · ge (Art. 159 LP)
Premature Bankruptcy Notice Following Partially Lifted Opposition
The court upheld the validity of the bankruptcy notice which was issued based on this provision.
A/2415/2020 · ge (art. 159 LP)
Bankruptcy Notice Validity Despite Pending Federal Appeal
This article mandates the office to issue the notice of bankruptcy upon a request for continuation, which occurred in this case.
BEZ.2020.22 · bs (Art. 159 SchKG)
Appeal on Validity of Notice to Pay Following Retroactive Stay of Execution
Cited in reasoning regarding the obligation of the debt enforcement office to issue the notice of bankruptcy.
A/1477/2019 · ge (Art. 159 LP)
Enforcement Office Error in Calculating Deductions for Bankruptcy Notice
Cited to explain the procedure followed by the Office when issuing the notice of bankruptcy (commination de faillite).