Facts
[A. AG] in Liquidation and [B. AG] have filed an appeal against the decision of the High Court of the Canton of Schaffhausen, which did not consider their appeal against the conclusion of the bankruptcy proceedings of [A. AG] . The Federal Supreme Court has dismissed the appeal.
[A. AG] was declared bankrupt on 16 December 2008. On 11 September 2013, the bankruptcy was closed by the Cantonal Court of Schaffhausen. Against this order, [A. AG] and [B. AG] filed an appeal with the High Court, which, however, did not enter into the matter.
The Federal Supreme Court has decided that [A. AG] as the debtor may indeed have a legitimate interest in challenging the conclusion of the bankruptcy proceedings. The debtor can defend against orders that interfere with its sphere of interest, such as the conclusion of the bankruptcy proceedings. However, the right of appeal of [B. AG] as a mere shareholder was rightly denied.
Considerations
The Federal Supreme Court explains that the debtor may have an interest in the bankruptcy not being closed too early, for example in order to obtain a possible surplus from the realisation of assets. The debtor may also have an interest in the bankruptcy being conducted in summary proceedings in order to benefit from the associated…