Suspension of bankruptcy proceedings

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The termination of bankruptcy proceedings is referred to in Switzerland in debt collection and bankruptcy law as the early termination of the proceedings by a court order . A bankruptcy can after determining the circumstances under active material can be adjusted. The bankruptcy proceedings must be discontinued due to a lack of assets if the bankruptcy estate is unlikely to be sufficient to cover the costs of a summary proceeding (Article 230 paragraph 1 DEBA). The court that opened the bankruptcy (so-called bankruptcy court) is responsible for setting it. The debt enforcement proceedings initiated before the bankruptcy was opened come back to life after the bankruptcy ceases (Article 230 paragraph 4 DEBA). The assignment of legal claims according to Article 260 DEBA is not possible after the bankruptcy proceedings have been discontinued due to a lack of assets.

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Individual evidence

  1. Hunziker / Pellascio, p. 220
  2. Hunziker / Pellascio, p. 221