Art. 309 Bundesgesetz vom 11. April 1889 über Schuldbetreibung und Konkurs (SchKG)

14.2000.124 · ti (art. 309 LEF)

Composition Approval Denial Upheld Due to Revocation of Creditor Acceptance and Failure to Meet Liquidation Threshold

Cited in the operative part, granting every creditor the right to request immediate bankruptcy within twenty days of publication.

14.1995.209 · ti (art. 309 LEF)

Appeal Against Second Moratorium for Composition with Abandonment of Assets Granted Despite Prior Failed Composition

Impliedly applied as the appeal decision allows creditors to request immediate bankruptcy declaration within ten days of publication, following the annulment of the moratorium.

14.1995.96 · ti (art. 309 LEF)

Creditors' Petition for Bankruptcy Upheld After Revocation of Composition Moratorium

This article regarding the timeliness of the bankruptcy application was cited in the context leading to the final decision.

Faillite.2016.26 · vd (Art. 309 LP)

Dividend Composition Homologation Refusal and Bankruptcy Confirmation

Cited in the reasoning to address the issue of the court simultaneously pronouncing bankruptcy when refusing concordat homologation.

Faillite.2015.2 · vd (Art. 309 LP)

Company Appeal Regarding Dividend Moratorium Refusal and Subsequent Bankruptcy Declaration

Cited in the heading; the court dealt with whether the old or new version applied concerning the automatic bankruptcy pronouncement upon refusal of homologation, leading to the annulment of the bankruptcy order (Order II).

14.2012.63 · ti (art. 309 lett. b n. 7 LEF)

Creditor Bankruptcy Granted Despite Lack of Prior Execution Due to Admitted Insolvency

Cited implicitly as the basis for the appeal being directed against a final decision in bankruptcy matters, making it reviewable under Art. 319 lett. a CPC.

33.2011.4 · ti (art. 309 LEF)

Appeal Regarding Classification of Substantial Loan to Failing Company as Asset Waiver for Benefit Eligibility

Cited in the reasoning regarding the consequence of requesting the revocation of the concordat moratorium, though not explicitly used in the final order, it informs the decision on renunciation.

14.2002.00046 · ti (art. 309 LEF)

Appeal Against Revocation of Concordat Moratorium for Failure to Provide Documentation and Fund Commitments

Cited implicitly in conjunction with art. 190 cpv. 1 n. 3 LEF regarding the right of creditors to request immediate bankruptcy after the revocation is published.

15.1999.115 · ti (art. 309 LEF)

Asset Disposal Investigation Following Moratorium Revocation

Cited in the facts section regarding the decree of bankruptcy, though not explicitly in the dispositive, the context suggests the procedure leading to the final decision.

14.1999.62 · ti (art. 309 LEF)

Creditor Appeal Against Approval of Concordat Lacking Sufficient Financial Guarantee

Cited in the dispositive orders regarding the option for creditors to request immediate declaration of bankruptcy.

14.1996.4 · ti (art. 309 LEF)

Creditor Bankruptcy Upheld Despite Disputed Counterclaim for Compensation

This provision governs the right of a creditor to request immediate bankruptcy after the rejection of a composition proposal, which is the basis for the initial decision upheld by the appeal court.

14.2000.124 · ti (Art. 309 LEF)

Creditor Withdrawal Justifies Rejection of Composition Agreement

Cited as the provision allowing any creditor to request immediate declaration of bankruptcy within twenty days of publication.