281.1
VBGOVHRUEC
CH-ZH
CH-ZH
Art. 40 : Verordnung über die Betreibungs und Gemeindeammannämter (VBG)
Art. 40
1 Muss die Amtsleitung für eine befristete Zeit von der
ordentlichen oder ausserordentlichen Stellvertretung ausgeübt wer-
den, nimmt das Betreibungsinspektorat die Amtsübergabe in Abspra-
che mit der Gemeinde vor.
2 Die Amtsübergabe kann ohne Mitwirkung des Bezirksgerichts
und der Gemeinde erfolgen.
3 In der Regel ist kein Verzeichnis der Register und Akten zu
erstellen.
Hilfeleistungen
und
Weiterbildung
Gerichtsentscheide zu dieser Bestimmung (12)
PS200122 · zh (Art. 40 SchKG)
Debtor Fails to Prove Solvency in Bankruptcy Appeal Amidst COVID-19 Claims
Cited to determine if the debtor is subject to bankruptcy proceedings based on the registration and de-registration in the Commercial Register.
PS190057 · zh (Art. 40 Abs. 1 SchKG)
Debtor's Appeal Against Bankruptcy Opening Allowed on Grounds of Solvency and Deposit
Cited in the reasoning to establish jurisdiction for bankruptcy proceedings against a deleted sole proprietorship, although not explicitly in the final orders, it is indirectly related to the factual basis resolved by the appeal (non-admissibility/merits).
PS190057 · zh (Art. 40 Abs. 2 SchKG)
Debtor's Appeal Against Bankruptcy Opening Allowed on Grounds of Solvency and Deposit
Cited in the reasoning regarding the proper continuation of debt collection proceedings via bankruptcy.
PS180174 · zh (Art. 40 SchKG)
Debtor's Appeal Successful: Solvency and Payment Demonstrate Ability to Meet Obligations
Cited to explain the legal framework regarding the duration of bankruptcy proceedings for a debtor who was previously registered in the commercial register, even after the company's deletion.
PS110246 · zh (Art. 40 Abs. 2 SchKG)
Debtor's Appeal of Bankruptcy Order Dismissed for Failure to Timely Substantiate Grounds for Reversal
Cited to justify that bankruptcy proceedings were correctly pursued via bankruptcy due to the deletion of the sole proprietorship from the commercial register.
PS110179 · zh (Art. 40 Abs. 1 SchKG)
Collective Partnership v. Swiss Federal Tax Administration (Recusal of Auxiliary Judge)
Cited in the reasoning regarding the bankruptcy admissibility during liquidation.
PS190057 · zh (Art. 40 Abs. 1 SchKG)
Annulment of Bankruptcy Due to Debt Repayment and Proof of Solvency in Zurich
Cited to establish that the debtor, as a former sole proprietor, remained subject to bankruptcy proceedings for six months after striking their registration.
PS190057 · zh (Art. 40 Abs. 2 SchKG)
Annulment of Bankruptcy Due to Debt Repayment and Proof of Solvency in Zurich
Cited to confirm that the creditor justifiably pursued bankruptcy proceedings before the six-month period expired.
PS190058 · zh (Art. 40 Abs. 1 SchKG)
Zurich High Court Upholds Bankruptcy Proceedings Against Former Sole Proprietor.
This article was referenced in the reasoning to explain why the debtor was still subject to bankruptcy proceedings despite the deletion of his sole proprietorship from the commercial register, but no operative part explicitly cites it.
PS190058 · zh (Art. 40 Abs. 2 SchKG)
Zurich High Court Upholds Bankruptcy Proceedings Against Former Sole Proprietor.
This article was referenced in the reasoning to justify the correct continuation of the enforcement action via bankruptcy, but no operative part explicitly cites it.
PS190226 · zh (Art. 40 SchKG)
Swiss High Court Annuls Bankruptcy Proceedings Due to Void Notice and Debtor's Capacity Issues
Although cited to explain the substantive reason for nullity, this article was not explicitly stated in the dispositive orders (1-6) as the direct legal basis for the decision.
PS200122 · zh (Art. 40 SchKG)
Debtor's Appeal Against Compulsory Bankruptcy Dismissed Due to Unproven Solvency
Cited regarding the continuation of debt collection proceedings toward bankruptcy after the deletion from the Commercial Register.