Facts
Dragica B. was subject to bankruptcy proceedings opened upon the request of Ranko A. The cantonal court rejected Dragica B.'s request for legal aid to file an appeal against this bankruptcy decision. Dragica B. then filed a public law appeal with the Federal Tribunal.Considerations
The Federal Tribunal partially upheld the appeal. It first considered that the refusal of legal aid by the cantonal court was contrary to Art. 4 of the Federal Constitution, which guarantees the right to legal aid. Indeed, the fact that bankruptcy proceedings are regulated in detail by the DEBA (Debt Enforcement and Bankruptcy Act) is not sufficient to exclude the granting of legal aid, provided that the conditions of Art. 4 Cst. are met. Thus, a creditor may also benefit from legal aid to file an appeal against the opening of bankruptcy.
Regarding the standing to appeal, the Federal Tribunal confirmed its case law according to which it is not arbitrary to consider that creditors do not have standing to challenge a judgment declaring bankruptcy on the basis of a declaration of insolvency. Although this solution…