Jugement Kantonsgericht (VD - Faillite/2020/19)

Canton:	VD
Case number:	Faillite/2020/19

Instance:	Kantonsgericht
Department:	Kammer für Strafverfolgung und Konkurs

Kantonsgericht Entscheid Faillite/2020/19 vom 06.04.2020 (VD)

Date:	06.04.2020
Force of law:	-

Summary:	On April 6, 2020, the Zurich Cour des poursuites et faillites issued a judgment in an appeal proceedings in the insolvency case W.________Sàrl. The court overturned the verdict of the lower instance, which had distributed bankruptcy assets to creditors. The court returned the bankruptcy estate to the liquidators. The liquidators are now to turn the bankruptcy estate into money and pay off the creditors. The verdict is not yet final. More detailed summary: On April 6, 2020, the Zurich Cour des poursuites et faillites issued a judgment in an appeal proceedings in the insolvency case W.________Sàrl. The court overturned the verdict of the lower instance, which had distributed bankruptcy assets to creditors. The court returned the bankruptcy estate to the liquidators. The liquidators are now to turn the bankruptcy estate into money and pay off the creditors. The verdict is not yet final. Summary of the most important points: The court overturned the lower court's ruling because the bankruptcy estate had not yet been fully utilized. The court has returned the bankruptcy estate to the liquidators so that they can dispose of the remaining assets. The liquidators are now to turn the bankruptcy estate into money and pay off the creditors. More details: The lower court had distributed the bankruptcy estate to the creditors, although not all the assets had yet been disposed of. The liquidators had appealed against this judgment. The court overturned the verdict of the lower instance and returned the bankruptcy estate to the liquidators. The court has ruled that the liquidators must dispose of the remaining assets before the bankruptcy estate is distributed to the creditors. The verdict is not yet final. Creditors may appeal the judgment to the Federal Court.
Rule of Law:	Art. 100 LTF;Art. 106 CPC;Art. 174 LP;Art. 192 LP;Art. 194 LP;Art. 321 CPC;Art. 725a OR;
BGE reference::	-
Comment:	Schweizer, Trechsel, Pieth, Praxis éd., Art. 31 StGB, 2018

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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