Facts
The appellant, company [A. AG], had applied to the District Court of Hinwil for the granting of a provisional moratorium. The District Court granted it a provisional moratorium until 11 April 2016 and appointed company B. AG as the provisional administrator. Company [A. AG] appealed against this judgment to the Cantonal Court of Zurich, which dismissed its appeal.
On 28 April 2016, the District Court revoked the provisional moratorium due to the lack of prospects for restructuring or confirmation of a composition agreement, and simultaneously opened bankruptcy proceedings against company A. AG. Company [A. AG] then submitted a series of motions to the Cantonal Court, which dismissed its appeal on 25 May 2016.
With submissions dated 4 July 2016, 19 September 2016, and 14 October 2016, company [A. AG] has filed a civil law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court states that the decision by which the judge revokes the provisional moratorium or does not grant the definitive moratorium and ex officio opens bankruptcy proceedings is not a provisional measure within the meaning of Art. 98 BGG. The present civil law appeal can in particular challenge the violation of federal law.
The Federal Supreme Court bases its judgment on the facts established by the lower…