Rejection of the Request for Moratorium and Bankruptcy Proceedings

Facts

The [X. AG] , Lucerne, was pursued by the [Y. AG] , Zurich, in a bill of exchange collection. On 25 March 2010, the [Y. AG] filed for bankruptcy against the [X.] with the District Court of Lucerne-City. At the bankruptcy hearing on 31 March 2010, the [X.] filed a request for a moratorium and applied for the suspension of the bankruptcy decision. With a decision dated 6 April 2010, the District Court of Lucerne-City rejected the request for suspension of the bankruptcy decision and opened bankruptcy proceedings against the [X.] . The [X.] appealed against this decision in civil matters to the Federal Supreme Court.

Considerations

The Federal Supreme Court dismissed the appeal. It concluded that the District Court of Lucerne-City had rightly considered the request for a moratorium as hopeless. The [X.] had not submitted convincing documents about its assets, and the 2008 annual financial statements did not allow any conclusions to be drawn about its…