Facts
The appellant [A.A.] founded the [C. AG] in 2003, of which his wife [B.A.] was initially the sole shareholder. On 28 October 2015, [B.A.] sold 10% of the shares to the [D. AG] , whose chairman of the board of directors [B.] (respondent 1) then joined the board of directors of the [C. AG] . On 14 July 2017, the Regional Court of Oberland opened bankruptcy proceedings over the [C. AG] in liquidation. On 31 October 2023, [B.A.] filed a tort claim against [B.] with the Commercial Court of the Canton of Bern. During the proceedings, [A.A.] (the appellant) took over the case from [B.A.] . The Commercial Court dismissed the appellant's request for legal aid with a decision dated 16 April 2024, obliged him to pay a court cost advance of CHF 250,000.-- and granted the request of respondent 1 for security for party compensation.Considerations
1. The Federal Supreme Court examines whether the appeal is admissible. The civil law appeal is directed against an interim decision of a Commercial Court, which concerns the refusal of legal aid. According to case law, this can result in an irreparable disadvantage, so the appeal must be considered. 2. The lower court denied the appellant's indigence, as he had not sufficiently disclosed his income and asset situation. The appellant had not submitted any documents on his employment, his board of directors mandates or his rental income from properties in several countries. He also did not provide any current bank statements. The Federal Supreme…