Facts
In debt collection proceedings due to premium claims of CHF 858.80 plus interest and costs, the K. Health Insurance Fund as the creditor filed for bankruptcy against B. as the debtor and registered sole proprietor. The District Court opened bankruptcy proceedings. B. filed an appeal with the Cantonal High Court of Zurich, which was dismissed. The High Court was of the opinion that a ground for preventing bankruptcy that arose after the expiry of the appeal period could not be considered. Since the appeal period had expired on November 30, 2009, and B. had only deposited the amount of CHF 1,120 on December 4, 2009, the revocation of the opening of bankruptcy proceedings was inadmissible.
Considerations
The Federal Supreme Court confirmed the decision of the High Court. According to the wording of Art. 174 para. 2 DEBA, solvency must be credibly demonstrated "upon filing the legal remedy" and a ground for preventing bankruptcy that has "meanwhile" arisen must be proven by documents. The Federal Supreme Court held that the law itself sets a time limit for the submission of documents proving solvency. Grounds for preventing…