Art. 43 : Verordnung über die Betreibungs und Gemeindeammannämter (VBG)

PS250213 · zh (Art. 43 SchKG)

Company Solvency Post-Decision Permits Reversal of Bankruptcy Order

Cited in the reasoning section regarding the potential for a new bankruptcy filing based on public law claims, which impacts the assessment of future payment ability.

PS250084 · zh (Art. 43 SchKG)

In re Company's Financial Solvency

Mentioned in the reasoning regarding the assessment of the debtor's ability to pay, specifically concerning whether debts could lead to bankruptcy.

PS230194 · zh (Art. 43 SchKG)

Appeal Against Bankruptcy Dismissed Due to Unproven Solvency

Mentioned in the reasoning section when discussing which claims are excluded from seizure for bankruptcy proceedings, although not directly used in the final orders.

PS230196 · zh (Art. 43 SchKG)

Debtor's Appeal Against Bankruptcy Dismissed Due to Insufficient Solvency Proof

This article regarding executions excluded from bankruptcy proceedings was mentioned in the reasoning but not cited in the dispositive orders 1-8.

PS210220 · zh (Art. 43 Ziff. 1 SchKG)

Insolvency Annulment Upheld Due to Debt Payment and Demonstrated Solvency

Cited in the reasoning to explain that certain types of debts (social insurance/taxes) cannot lead to bankruptcy, informing the overall assessment, but not directly used in the final orders.

PS200243 · zh (Art. 43 SchKG)

Appeal Against Bankruptcy Reversal Due to Subsequent Debt Payment and Solvency Demonstration

Mentioned in the reasoning regarding which debts are excluded from bankruptcy proceedings, although the primary application for the decision is Art. 174 Abs. 2 SchKG.

PS210009 · zh (Art. 43 SchKG)

Debtor Fails to Vacate Bankruptcy Order Due to Insufficient Financial Records

This provision was implicitly used to explain why the mentioned public-law claims were excluded from the seizure.

PS190055 · zh (Art. 43 Ziff. 1 SchKG)

Debtor's Payment Satisfies Claim, Cancels Bankruptcy Order

Mentioned in the reasoning regarding public-law claims not being subject to bankruptcy proceedings.

PS180243 · zh (Art. 43 SchKG)

Appeal Against Bankruptcy Proceedings Suspension by Deposit and Solvency Assessment

Mentioned when analyzing open enforcement proceedings, although the ruling itself is based on Art. 174 para. 2 SchKG.

PS170269 · zh (Art. 43 SchKG)

Bankruptcy Annulment After Claim Satisfaction and Withdrawal

Cited in the reasoning section as context regarding which debts would not have led to bankruptcy, supporting the finding of the debtor's willingness to pay.

PS170111 · zh (Art. 43 Ziff. 1 SchKG)

Debtor's Appeal Dismissed Due to Insufficient Proof of Solvency

Referred to in the context that public-law claims are not subject to bankruptcy proceedings, impacting the assessment of the debtor's financial situation.

AA040118 · zh (Art. 43 Ziff. 1 SchKG)

Affirmation of Bankruptcy Order Despite Debtor's Claim of Temporary Insolvency

The court implicitly upheld the previous decision regarding insolvency despite the existence of public-law claims, rejecting the appellant's argument based on this provision.

AA040117 · zh (Art. 43 Ziff. 1 SchKG)

Appeal Dismissed: Ongoing Insolvency Established by Tax Loss Certificates

The court rejected the appellant's argument regarding the scope of this article concerning public law obligations.

AA040117 · zh (Art. 43 Ziff. 1 SchKG)

Debtor challenged Bankruptcy Order Based on Settled Minor Debt and Alleged Procedural Errors; Insolvency Indicators Upheld by Cassation Court

This article was discussed extensively concerning the scope of prohibition against opening bankruptcy for public law claims based on prior loss certificates, though not explicitly in the final orders for the ruling itself.

AA040118 · zh (Art. 43 Ziff. 1 SchKG)

Challenge to Bankruptcy Order Based on Insufficient Proof of Solvency

Cited in the reasoning regarding the rejection of the argument concerning the priority of public law claims over private claims for bankruptcy opening.