281.1
SCHKGLPLEF
CH
CH
Art. 168 Bundesgesetz vom 11. April 1889 über Schuldbetreibung und Konkurs (SchKG)
SchKG; Fünfter Titel: Betreibung auf Konkurs; I. Ordentliche Konkursbetreibung; C. Konkursbegehren; 3. Konkursverhandlung
Art. 168 SchKG
Ist das Konkursbegehren gestellt, so wird den Parteien wenigstens drei Tage vorher die gerichtliche Verhandlung angezeigt. Es steht denselben frei, vor Gericht zu erscheinen, sei es persönlich, sei es durch Vertretung.
Gerichtsentscheide zu dieser Bestimmung (182)
PS250180 · zh (Art. 168 SchKG)
Appeal Court Reverses Bankruptcy Order Due to Improper Summons and Subsequent Claim Satisfaction
The decision to annul the bankruptcy was based on the failure to properly summon the debtor to the hearing, which is required by this article.
PS250095 · zh (Art. 168 SchKG)
Bankruptcy Overturned Due to Improper Notice
Cited for the requirement of timely notification of the court hearing in bankruptcy proceedings.
PS250083 · zh (Art. 168 SchKG)
Improper Service on Minor Leads to Bankruptcy Dismissal and Fee Confirmation
Cited in the reasoning section concerning the prerequisite of proper notification of the bankruptcy hearing.
PS250053 · zh (Art. 168 SchKG)
Bankruptcy Annulment and Subsequent Dismissal Due to Lack of Due Process and Debt Extinguishment
Cited in reasoning regarding the requirement for due notification of the hearing, which was the basis for the annulment.
14.2024.136 · ti (art. 168 LEF)
Creditor Bankruptcy Order Annulled for Lack of Hearing
This provision, concerning the mandatory summoning of parties to a hearing, was the primary legal ground for annulling the bankruptcy declaration.
PS240208 · zh (Art. 168 SchKG)
Debtor's Appeal of Bankruptcy Dismissed Due to Procedural Service and Non-Substantive Defense of Claim Validity
Cited implicitly in the reasoning regarding the requirement to notify the debtor, but not explicitly in the dispositive orders.
14.2024.114 · ti (art. 168 LEF)
Bankruptcy Annulment Due to Procedural Violation of Right to be Heard
Cited in order 1 as the requirement for convening the parties to a hearing, which was violated by the lower court.
PS240174 · zh (Art. 168 SchKG)
Appeals Court Overturns Bankruptcy Order Due to Improper Notification
The court granted the appeal and annulled the lower court's decision due to insufficient notification of the bankruptcy hearing.
14.2024.78 · ti (art. 168 LEF)
Creditor Bankruptcy Declaration Annulled Due to Failure to Hold Mandatory Hearing
This provision regarding the mandatory citation of parties to a hearing was violated, leading to the annulment of the bankruptcy declaration.
PS240099 · zh (Art. 168 SchKG)
Improper Service in Bankruptcy Proceedings Rendered Moot by Debt Satisfaction
Cited in the reasoning to establish the requirement of proper notice for a bankruptcy hearing, which was violated due to faulty service.
ZSU.2024.79 · ag (Art. 168 SchKG)
Bankruptcy Order Upheld: Notice Validly Served on Appellant's Wife
Referred to for the procedural requirement of announcing bankruptcy hearings to the parties at least three days in advance.
PS240095 · zh (Art. 168 SchKG)
Appeal Court Overturns Bankruptcy, Citing Lack of Service and Prior Settlement
Cited in the reasoning to establish that the debtor was not correctly summoned, which supported the annulment of the decision in order 1.
PS240030 · zh (Art. 168 SchKG)
Improper Service and Hindering of Bankruptcy Proceedings
The annulment of the decision is based on the fact that the debtor was not correctly summoned to the bankruptcy hearing.
14.2024.9 · ti (art. 168 LEF)
Creditor v. Debtor (Bankruptcy Declaration Annulled for Lack of Hearing)
Cited in the dispositive (Order 1) as the legal requirement that was not followed by the lower court, leading to the annulment of the bankruptcy decision.
PS230234 · zh (Art. 168 SchKG)
Bankruptcy Proceedings Refusal Overturned Due to Creditor Identification Error
Mentioned in the reasoning to justify the remittance because the procedure prescribed by law (specifically this article) had not yet been carried out by the lower court.