Facts
The applicant has filed a request for legal aid for the bankruptcy proceedings following his declaration of insolvency. The cantonal court rejected his request on the grounds that the proceedings were doomed to fail, as the applicant had no realizable assets. The applicant then filed a constitutional appeal against this decision.Considerations
The Federal Tribunal recalls that in bankruptcy proceedings following a declaration of insolvency, the debtor may benefit from legal aid under the general conditions. However, for the right to legal aid directly arising from Art. 4 Cst. to be recognized, the declaration of insolvency must not be doomed to fail.
The Federal Tribunal considers that the declaration of insolvency is doomed to fail when it is established that the debtor has no realizable assets. On the other hand, it cannot be considered doomed to fail from the outset when the debtor has made it plausible that he has at least as much property as is necessary to prevent the suspension of the bankruptcy proceedings provided for in Art. 230 DEBA.
In the present case, the Federal Tribunal finds that the applicant has no realizable assets.…