Jugement Kantonsgericht (VD - ML/2020/52)

Canton:	VD
Case number:	ML/2020/52

Instance:	Kantonsgericht
Department:	Kammer für Strafverfolgung und Konkurs

Kantonsgericht Entscheid ML/2020/52 vom 27.03.2020 (VD)

Date:	27.03.2020
Force of law:	-

Summary:	On August 20, 2019, the creditor filed an order to temporarily stop the foreclosure. The foreclosure was rejected on October 1, 2019. The creditor appealed against the decision. The High Court of the Canton of Vaud dismissed the appeal on March 27, 2020. The foreclosure thus remains in place. More detailed summary: On August 20, 2019, the creditor applied to the Morges District Court for an interim suspension of the foreclosure against the debtor. The creditor justified her application by the fact that the debtor meets the requirements for imminent insolvency. The district court rejected the application. The creditor appealed against the decision. The High Court of the Canton of Vaud dismissed the appeal on March 27, 2020. The High Court considers that the creditor has not proved that the debtor is actually insolvent. The foreclosure thus remains in place. Special Mention: The decision of the Supreme Court indicates that in the event of an imminent insolvency of the debtor, the creditor has other options for securing her claims. For example, she can have a security mortgage granted.
Rule of Law:	Art. 100 LTF;Art. 143 CPC;Art. 148 CPC;Art. 27 LP;Art. 321 CPC;Art. 74 LTF;
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.

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