Facts
The appellant [A.] filed a petition for bankruptcy proceedings with the District Court of Zofingen pursuant to Art. 191 of the Federal Debt Enforcement and Bankruptcy Act (SchKG). The District Court and subsequently the High Court of the Canton of Aargau rejected the petition, as the appellant had debts totaling CHF 55,704.-- but had monthly income of CHF 2,764.60 and expenses of CHF 2,455.10, leaving a monthly surplus of CHF 309.50. Furthermore, the appellant had only one account with a balance of CHF 640.34 and no other realizable assets. The Federal Supreme Court upheld the rejection of the bankruptcy petition.Considerations
The Federal Supreme Court stated that the legislator, through the revision of the Debt Enforcement and Bankruptcy Act in 1994, has tightened the requirements for the opening of insolvency proceedings upon the debtor's request. Since then, a mere declaration of insolvency is no longer sufficient to obtain a bankruptcy order. Instead, the judge must examine whether the request is an abuse of rights, for instance, if the debtor merely wants to get rid of a wage garnishment.
The Federal Supreme Court emphasized that a debtor who voluntarily petitions for their own bankruptcy must have "certain assets" so that the proceeds from the realization can be distributed to the creditors. If the debtor, as in the present case, has no realizable…