Facts
The [A. GmbH] applied to the Cantonal Court of Zug for the opening of bankruptcy proceedings against [B. AG] (formerly [C. AG] ) without prior debt enforcement proceedings in accordance with Art. 190 para. 1 no. 2 DEBA due to suspension of payments. The Cantonal Court opened the bankruptcy. [B. AG] filed a complaint with the High Court of the Canton of Zug, which revoked the opening of bankruptcy and dismissed the bankruptcy petition. The [A. GmbH] filed a civil law appeal against the decision of the High Court. The Federal Supreme Court dismissed the appeal.Considerations
The Federal Supreme Court stated that the lower court was right in not assuming a suspension of payments within the meaning of Art. 190 para. 1 no. 2 DEBA. The claims that had been put into debt enforcement proceedings had largely been settled, secured or resolved. The allegation of over-indebtedness of the respondent alone is also not sufficient to justify the…