Art. 262 Bundesgesetz vom 11. April 1889 über Schuldbetreibung und Konkurs (SchKG)

C-2179/2021 (Art. 262 SchKG)

Bankruptcy Renders Contribution Order Dispute Moot

States that court costs are not bankruptcy debts but ordinary bankruptcy claims, thus borne by the bankrupt individual, not the bankruptcy estate.

PS220049 · zh (Art. 262 Abs. 2 SchKG)

Creditor's Collateral Not Subject to Prior Court Costs

The court upheld the appeal because costs from a prior court case were incorrectly deducted from the proceeds of the collateral realization, whereas only costs related to the inventory, administration, and realization of the collateral may be covered.

ABS 2021 280 · be (Art. 262 Abs. 1 SchKG)

Bankruptcy Asset Distribution: Priority of Restructuring Debts Over Creditor Security Deposit

Cited in the reasoning regarding the privileging of mass liabilities (Massakosten) over other mass liabilities, which is central to the appeal outcome, although the final order only relies on the substantive rule above.

HC.2019.320 · vd (art. 262 LP)

Bankruptcy Estate v. Pecuniary Claimant (Costs Liability)

Cited in the reasoning to establish that if the bankruptcy estate continues the proceedings, the costs become a debt of the estate.

15.2018.39 · ti (art. 262 cpv. 2 LEF)

Appeal Regarding Bankruptcy Aircraft Sale Procedural Fairness Dismissed for Lack of Standing

Cited in the reasoning regarding maintenance costs during the sale authorization.

A/2617/2017 · ge (art. 262 al. 2 LP)

Secured Creditor Dispute Over Distribution Table Following Mortgaged Property Realization

Cited in the reasoning leading to the partial admission of the complaint regarding deductible costs from the pledged asset realization proceeds.

A/3444/2016 · ge (art. 262 al. 1 LP)

Bankruptcy Administrator's Request for Special Remuneration Denied

This article defines the legal basis under which the office requested compensation, although the request was ultimately rejected based on the OELP provisions.

15.2016.80 · ti (art. 262 cpv. 2 LEF)

Secured Creditor's Obligation to Pay Bankruptcy Realization Costs

Cited in the reasoning regarding the type of expenses that can be collected from the proceeds of the pledge sale, which is relevant to the rejection of the appeal.

CACIV.2013.43 · ne (art. 262 LP)

Creditor Damages Claim Against Fictitious Capital Founders Upheld

Referenced in the reasoning for covering liquidation costs first, but not cited in the final operative orders.

15.2013.118 · ti (art. 262 cpv. 2 LEF)

Secured Creditor Appeal Regarding Realization Expenses and Interest Calculation in Pledged Real Estate Distribution

Basis for recognizing Cantonal profit tax as realization expense included in mass debts, implicitly supported by the operative part referring to reasoning 5, which discusses this provision in relation to mass debts/realization expenses.

A/1799/2013 · ge (Art. 262 al. 1 LP)

Creditor Annuity Claim in Bankruptcy Liquidation

Cited in the reasoning defining bankruptcy estate debts, but not explicitly in the operative part.

PS130029 · zh (Art. 262 Abs. 1 SchKG)

Administrator's Fee in Subsequent Bankruptcy Proceedings Post-Failed Deferral

Cited in the context of why the fee cannot be subsumed under bankruptcy opening costs, contrasting it with the situation in subsequent bankruptcy proceedings.

A/3199/2012 · ge (Art. 262 al. 1 LP)

Bankruptcy Office Reimbursement Dispute Jurisdiction Ruling

Cited in the reasoning to explain the nature of 'dettes de la masse' which was central to the dispute, although not directly used in the final dispositive order itself.

A/124/2010 · ge (art. 262 al. 1 et 2 LP)

Complaint Regarding Distribution Plan Inadmissible Due to Untimely Filing and Unfounded Objections

Cited to detail the order in which bankruptcy, liquidation, and inventory costs are covered.

15.2009.102 · ti (Art. 262 LEF)

Special Administrator Remuneration Dispute and Liquidation Extension

Cited in the reasoning underpinning the division of realization proceeds, and implicitly related to the orders concerning the allocation of specific amounts (orders 2 and 4).