Facts
On 3 September 1991, a general partnership named T. was registered in the commercial register of the canton of Schwyz. The only partners, with individual signing authority, are Sch. and St.
The single judge of the district of March opened the bankruptcy of the general partnership T. and dissolved it. The same judge closed the bankruptcy proceedings on 10 September 1993 due to lack of assets.
Between 24 March 1993 and 4 October 1993, twelve creditors requested enforcement proceedings against Sch., domiciled in Arosa, which led to thirteen bankruptcy threats being received by the latter on 8 October 1993.
Considerations
The enforcement authorities do not have to examine whether the registrations or deregistrations in the commercial register are justified or not. The enforcement proceedings directed against the appellant, who is registered in the commercial register as a partner in a general partnership at the time of the continuation of the enforcement proceedings, must be continued by way of bankruptcy pursuant to Art. 39 para. 1 no. 2 DEBA.
The natural persons listed in Art. 39 DEBA are subject to bankruptcy proceedings for all their debts, even those that do…