Question juridique clé
Whether the conditions for bankruptcy without prior execution under Art. 190(1)(1) SchKG were met because the debtor fled to evade creditors.
Solution extraite
Yes. The circumstances, including the tax assessments, the transfer of Swiss real estate to the daughters, the departure abroad, and the couple’s separation and lack of assets, sufficiently indicated a flight intended to prejudice creditors.
Motifs extraits
A mere move abroad is insufficient, but intent to harm creditors may be inferred from surrounding conduct and chronology. The debtor did not establish any extinguishing or liberating defense.