Facts
The appeal of X. GmbH against the decision of the Cantonal Court of Zug, by which it did not enter into the appeal against the opening of bankruptcy proceedings, is dismissed.
The Cantonal Court of Zug had opened bankruptcy proceedings over X. GmbH upon the request of Z. AG. X. GmbH filed an appeal against this and submitted a letter stating that all outstanding debts had been settled. However, the Cantonal Court of Appeal did not enter into the appeal, but set the date of the opening of bankruptcy proceedings as April 8, 2013.
X. GmbH filed an appeal against this decision with the Federal Supreme Court, requesting the annulment or remission of the case for re-assessment.
Considerations
The Federal Supreme Court dismisses the appeal, insofar as it enters into it.
The amendment of Art. 174 para. 2 DEBA as of January 1, 2011 was merely editorial in nature and did not result in a substantive change in the law. Even after the amendment, the grounds for lifting the bankruptcy according to Art. 174 para. 2 nos. 1-3 DEBA as well as proof of solvency must be provided within the 10-day appeal period.
A systematic interpretation of Art. 174 DEBA shows…