281.1
SCHKGLPLEF
CH
CH
Art. 191 Bundesgesetz vom 11. April 1889 über Schuldbetreibung und Konkurs (SchKG)
SchKG; Fünfter Titel: Betreibung auf Konkurs; III. Konkurseröffnung ohne vorgängige Betreibung; B. Auf Antrag des Schuldners
Art. 191 SchKG
Der Schuldner kann die Konkurseröffnung selber beantragen, indem er sich beim Gericht zahlungsunfähig erklärt.
Der Richter eröffnet den Konkurs, wenn keine Aussicht auf eine Schuldenbereinigung nach den Artikeln 333 ff. besteht.
Gerichtsentscheide zu dieser Bestimmung (149)
BGE 150 III 262 (Art. 191 LP)
Headline: Standing of third-party creditors to appeal debtor's self-initiated bankruptcy for manifest abuse of rights under Article 191 LP
Main ground for the verdict: the court applied Article 191 LP to uphold the creditor's standing to appeal the debtor's self-initiated bankruptcy, dismissing the debtor's appeal.
102 2025 177 · fr (Art. 191 SchKG)
Debtor's Insolvency Application Deemed Abuse of Rights
The court's final order annuls the bankruptcy decision because the initial application under this article was deemed an abuse of rights.
ARMC.2025.74 · ne (Art. 191 LP)
Company Appeal of Bankruptcy Judgment Upheld Due to Insufficient Solvency Proof
Cited for the definition of insolvency against which solvency is contrasted (but is not cited in the dispositive orders 1-5).
102 2025 90 · fr (art. 191 LP)
Bankruptcy Estate v. Debtor (Abuse of Bankruptcy)
The appeal was admitted because the original decision to declare bankruptcy based on this article was deemed a violation of federal law (abusive declaration).
102 2025 93 · fr (art. 191 LP)
Bankruptcy Estate v. Debtor (Abuse of Right in Bankruptcy)
The appeal was admitted and the initial decision pronouncing personal bankruptcy was annulled because the request constituted an abuse of law under this provision.
PS250116 · zh (Art. 191 SchKG)
Insolvency Proceedings Dismissed Due to Procedural Defects and Lack of Legal Interest in Appealing Withdrawn Cost Order
Although the appeal was dismissed on procedural grounds, the underlying request related to an application for bankruptcy under this article.
BEK 2025 45 · sz (Art. 191 SchKG)
Insolvency Application Dismissed as Abuse of Process and Lack of Legal Interest
The appeal was rejected because the insolvency application was deemed an abuse of rights, contrary to the purpose of this provision.
102 2025 78 · fr (art. 191 LP)
Bankruptcy Estate v. Debtor: Abuse of Right to Voluntary Bankruptcy
The court rejected the personal bankruptcy petition because it was deemed an abuse of right under this article.
C/30089/2024 · ge (art. 191 LP)
Bankruptcy Petition Abuse of Right Rejection Upheld
The court's decision to reject the appeal is based on the finding that the conditions for applying Art. 191 LP (debtor's declaration of insolvency) were not met, specifically due to abuse of right.
102 2025 31 · fr (Art. 191 LP)
Estate of Bankrupt v. Individual Debtor: Abuse of Right in Voluntary Bankruptcy
The court admitted the appeal and annulled the decision pronouncing personal bankruptcy, concluding that the voluntary bankruptcy request constituted an abuse of law under this article.
102 2025 23 · fr (art. 191 LP)
Bankruptcy Annulment for Abuse of Right to Evade Garnishment
The appeal was allowed and the decision pronouncing personal bankruptcy was annulled because the initial request was deemed an abuse of right, which invalidates the application of this provision.
5A_870/2024 (Art. 191 SchKG)
Abuse of rights in debtor-initiated bankruptcy declaration under Article 191 SchKG where debtor lacks sufficient assets for creditor distribution.
Requested bankruptcy declaration was denied, as the lower court's finding of abuse of rights was upheld.
102 2024 242 · fr (art. 191 LP)
Bankruptcy Abuse of Right Denial
The appeal was admitted and the previous decision pronouncing bankruptcy was annulled because the request was abusive under this provision.
102 2024 244 · fr (art. 191 LP)
Bankruptcy Estate v. Debtor (Abuse of Right)
The appeal was admitted and the decision pronouncing the personal bankruptcy was annulled because the initial request constituted an abuse of law under this provision.
PS250007 · zh (Art. 191 SchKG)
Company Insolvency Declaration Not Subject to Abuse of Rights Defense
Cited as the legal basis for opening the bankruptcy of the respondent company.