Facts
The [X. AG] (appellant) was declared bankrupt by the President of the District Court of Sissach on 15 October 2009. The [X. AG] filed an appeal with the Cantonal Court of Basel-Landschaft against this decision, which dismissed the appeal with a judgment of 15 December 2009. The [X. AG] then filed an appeal in civil matters with the FSCA, requesting that the judgment of the Cantonal Court be set aside and the matter be referred back to the lower court for re-examination.
The appellant complained of a violation of the right to be heard and the principle of investigation under Art. 171 DEBA, as well as excessive formalism. It argued that the Cantonal Court had not taken into account the evidence submitted by it and had only relied on the information on the account statements.
Considerations
The FSCA examined the appeal and came to the conclusion that the appellant's complaints were unfounded. It found that the Cantonal Court had evaluated the evidence and that the appellant had been able to express itself several times, so that a violation of the right to be heard was not apparent.
The FSCA also rejected the complaint of a violation of the principle of investigation, as the Cantonal Court had examined the ground for preventing bankruptcy of debt repayment and had relied on the…