Facts
On 25 February 2015, the District Court of Meilen opened the bankruptcy proceedings of company N. AG in liquidation following a declaration of over-indebtedness. On 23 June 2015, the bankruptcy office responsible for the proceedings informed the bankruptcy court that the assets would not be sufficient to cover the costs of summary proceedings, and requested the suspension of the bankruptcy proceedings pursuant to Art. 230 para. 1 DEBA. On 24 June 2015, the District Court suspended the bankruptcy proceedings and ordered the bankruptcy office to proceed in accordance with Art. 230 para. 2 DEBA.
On 1 July 2015, company A. Ltd. and 8 other fund companies appealed to the Cantonal Court of Zurich, requesting the annulment of the decision to suspend the bankruptcy and the rejection of the bankruptcy office's request to suspend the bankruptcy, as well as the continuation of the bankruptcy proceedings according to the summary or ordinary procedure. The Cantonal Court refused to consider the appeal on 17 July 2015.
On 31 July 2015, company A. Ltd. and 12 other fund companies filed a civil law appeal with the Federal Tribunal, requesting the annulment of the decision of the Cantonal Court of Zurich of 17 July 2015 and the remand of the case for a new decision.
Considerations
Pursuant to Art. 230 para. 1 DEBA, the bankruptcy court orders the suspension of the bankruptcy proceedings upon request of the bankruptcy office if the assets of the estate are likely not sufficient to cover the costs of summary proceedings. The decision of the bankruptcy court to suspend the proceedings is subject to appeal in accordance with Art. 319 et seq. CPC.
The Federal Tribunal considers that creditors have a legitimate interest in challenging the suspension decision, in order to assert, for example,…