Facts
[X.] holds against [Z.] a certificate of loss of attachment for CHF 223,177.--. In the initiated debt collection proceedings, the debtor filed an objection. [X.] received the provisional enforcement order on 5 July 2006. On 12 January 2007, [X.] requested the provisional attachment, which became definitive on 17 April 2007. After the death of [Z.] on 2 August 2011, the legal heirs [S.] and [T.] (the latter under guardianship) declared the estate to be renounced. The Bankruptcy Court of Zurich then ordered the bankruptcy administration liquidation of the estate on 27 September 2012.
[X.] filed a complaint against this bankruptcy decision with the High Court of the Canton of Zurich, which, however, did not enter into the complaint. [X.] then filed a civil law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court dismisses the appeal. It states that according to the case law of the Federal Supreme Court, third-party creditors who have not themselves filed for bankruptcy are not entitled to file a complaint within the meaning of Art. 174 DEBA. This also applies in particular to the opening of bankruptcy proceedings on notification by the authority recording the renunciation.
Furthermore, the appellant's position would also not be materially correct. As soon as the competent authority has notified the bankruptcy court that all heirs have renounced, the…