281.1
SCHKGLPLEF
CH
Art. 167 Bundesgesetz vom 11. April 1889 über Schuldbetreibung und Konkurs (SchKG)
SchKG; Fünfter Titel: Betreibung auf Konkurs; I. Ordentliche Konkursbetreibung; C. Konkursbegehren; 2. Rückzug
Art. 167 SchKG
Zieht der Gläubiger das Konkursbegehren zurück, so kann er es vor Ablauf eines Monats nicht erneuern.
Gerichtsentscheide zu dieser Bestimmung (11)
14.2025.25 · ti (art. 167 LEF)
Creditor's Bankruptcy Petition Annulled Due to Settled Debt Agreement
The granting of an extension of time by the creditor is equated to a withdrawal of the bankruptcy petition.
102 2020 119 · fr (Art. 167 LP)
Creditor's Adjournment Request Not Deemed Withdrawal of Bankruptcy Application Despite Debtor's Bad Faith
This provision concerning the delay for renewing a bankruptcy request after withdrawal is extensively discussed as a potential ground related to the procedure, even if the court ultimately rejects the appellant's reliance on it.
PS180219 · zh (Art. 167 SchKG)
Payment of Debt Before Bankruptcy Ruling Mandates Annulment
This article regarding the withdrawal of the application was referenced in the context of the creditor's declaration not constituting a formal withdrawal before the court.
PS170253 · zh (Art. 167 SchKG)
Creditor's Debt Deferral Invalidates Bankruptcy Proceedings
Mentioned in the reasoning, but not cited in the dispositive orders.
14.2006.67 · ti (art. 167 LEF)
Creditor's Request for Delay as Withdrawal in Bankruptcy Proceedings
Cited alongside Art. 166 LEF in the final pronouncement regarding the outcome of the appeal.
14.2006.67 · ti (art. 167 LEF)
Creditor's Requests to Delay Bankruptcy Decision Deemed Withdrawal, Barring Subsequent Renewal After Statutory Deadline.
Mentioned in the concluding remarks before the operative part ('richiamati gli art. 166 e 167 LEF') as a relevant legal basis for the decision, although the direct application is tied to art. 166 LEF regarding the time limit/deemed withdrawal.
14.2017.197 · ti (art. 167 LEF)
Creditor Bankruptcy Claim Timeliness Determined by Suspension of Limitation Period During Opposition Proceedings
Cited in reasoning regarding the effect of withdrawing a bankruptcy application on the ability to re-file it.
14.2025.25 · ti (art. 167 LEF)
Creditor Withdrawal of Bankruptcy Petition Through Payment Extension Agreement
The request for bankruptcy is considered withdrawn (desistenza) based on the payment arrangement, which requires the case to be struck from the roll under this provision.
PS120162 · zh (Art. 167 SchKG)
Appeal Court Overturns Bankruptcy for Settled Minor Debt, Assigns Costs to Debtor for Late Notification
Cited when discussing whether the creditor's notification constituted a withdrawal of the bankruptcy application.
PS170253 · zh (Art. 167 SchKG)
Appeal Against Bankruptcy Opening Due to Debt Deferral
Cited in the reasoning to clarify that a creditor's declaration to the debtor alone does not constitute a withdrawal (Rückzug) of the bankruptcy petition.
PS180219 · zh (Art. 167 SchKG)
Annulment of Bankruptcy Order Following Late Notification of Debt Repayment
Mentioned in the reasoning (2.3) to define what constitutes a withdrawal of the application for bankruptcy.