Facts
The auxiliary bankruptcy estate of [A.] filed a complaint against the opening of bankruptcy proceedings against B. by the District Court of Meilen. The High Court of the Canton of Zurich did not enter into the complaint, as creditors not involved in the bankruptcy opening proceedings were not entitled to file a complaint.
The auxiliary bankruptcy estate of [A.] then filed a civil law complaint with the Federal Supreme Court. It claimed that the bankruptcy had been opened by a court that was not locally competent, and demanded the declaration of the nullity of the bankruptcy opening judgment or its annulment.
Considerations
The Federal Supreme Court upheld the complaint. It stated that according to its case law, third-party creditors who were not involved in the bankruptcy opening proceedings are indeed entitled to challenge the opening of bankruptcy on the grounds of the local incompetence of the bankruptcy court.
The Federal Supreme Court justified this by stating that the opening of bankruptcy under Art. 191 of the Federal Debt Enforcement and Bankruptcy Act is a single-party procedure in which the rights of the creditors are directly and sufficiently…