Facts
The [X. GmbH] (Appellant) and [A.] (Respondent) were involved in bankruptcy proceedings before the District Court [C.] and the High Court of the Canton of Bern. The Appellant had initiated a procedure pursuant to Art. 85a DEBA on March 5, 2010, and had invited the parties to a conciliation attempt. After the conciliation attempt had been unsuccessful, the Appellant submitted the fully formulated negative declaratory action to the District Court, in which it requested, inter alia, a stay of enforcement.
The District Court rejected the application for a provisional stay of enforcement and opened bankruptcy proceedings against the Appellant. The Appellant appealed against the denied stay of enforcement and the opening of bankruptcy proceedings. The High Court confirmed the opening of bankruptcy proceedings and dismissed the appeal as moot.
Against the decision of the High Court, the Appellant filed an appeal in civil matters. The Federal Court granted a stay of proceedings and requested the Respondent to comment.
Considerations
The Federal Court revoked the decision of the High Court, as it violated federal law. The Appellant had filed a negative declaratory action and requested a stay of enforcement. The District Court had rejected the application for a provisional stay of enforcement and opened bankruptcy proceedings without ruling on the stay application.
The Federal Court found that the conditions for a stay of enforcement were met, as the request for a stay of enforcement had been filed before the bankruptcy hearing. The bankruptcy judge…