| Canton: | VD |
| Case number: | Faillite/2020/24 |
| Instance: | Kantonsgericht |
| Department: | Kammer für Strafverfolgung und Konkurs |
| Date: | 16.06.2020 |
| Force of law: | - |
| Summary: | The Cour des poursuites et faillites of the Cantonal Court dealt with an appeal by T.__SA against the judgment of March 5, 2020, which declared the insolvency of A.__. A.__ had declared his insolvency on 17 December 2020 and applied for his personal insolvency in accordance with Art. 191 LP. T.__SA, a creditor of the insolvent, filed an appeal against the judgment and requested the suspension of the effect. The court found that the judgment under appeal did not contain any grounds and therefore constituted a violation of the right to a hearing. Therefore, the verdict was overturned and the case was referred back to the first judge for a new decision. |
| Rule of Law: | Art. 100 BGG;Art. 107 ZPO;Art. 174 SchKG;Art. 191 SchKG;Art. 194 SchKG;Art. 2 ZGB;Art. 239 ZPO;Art. 321 ZPO;Art. 53 ZPO; |
| BGE reference:: | - |
| Comment: | - |
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.
Click here to return to the page search engine.