Facts
The appellant [X.] declared himself insolvent and applied for the opening of bankruptcy proceedings over his assets. The Cantonal Court of Appenzell Ausserrhoden and the High Court dismissed the request, as they considered it to be an obvious abuse of rights. The appellant wanted to protect his property from the access of his in-laws, not to seek a fresh economic start.Considerations
The Federal Supreme Court upheld the decisions of the lower instances. It stated that the judge must reject abusive bankruptcy petitions if the debtor is not seeking a fresh economic start, but is pursuing other goals, such as warding off seizures. In the…