Facts
The X. AG (appellant) relocated its registered office from A. to B., which was registered in the Commercial Register C. on August 2, 2007. The deletion from the Commercial Register D. occurred on August 8, 2007 (journal entry date). The respondent Z. AG applied for the opening of bankruptcy proceedings against the appellant on August 2, 2007, which the President of the District Court E. ordered on August 23, 2007.
The appellant filed a complaint against the opening of bankruptcy proceedings with the Cantonal Court of Bern, which confirmed the opening of bankruptcy proceedings. Subsequently, the appellant filed a civil law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court held that in the case of the opening of bankruptcy proceedings without prior debt enforcement proceedings, the judge who is locally competent at the time of service of the summons to the bankruptcy hearing on the debtor remains competent even if the debtor changes its registered office.
The relocation of the registered office of a company registered in the Commercial Register only leads to a change in the local jurisdiction of the bankruptcy court if the previous registered office has been deleted from the Commercial Register at the time of service of the summons to the bankruptcy…