Dismissal of the appeal against the bankruptcy petition

Facts

Parties:
Appellant: [A. AG] in liquidation, represented by attorney Michele Caratsch
Respondent: [B.] OÜ, represented by attorney Dr. Dominik Vock

Facts:
On April 5, 2022, the Cantonal Court of SocRA opened bankruptcy proceedings against [A. AG] at the request of [B.] OÜ. [A. AG] filed an appeal with the Higher Court of the Canton of SocRA on April 27, 2022, and submitted an application to restore the deadline for clearing the bankruptcy claim on May 12, 2022. The Higher Court dismissed the appeal on June 7, 2022. [A. AG] filed an appeal in civil matters with the Federal Supreme Court and requested the annulment of the higher court's judgment and the bankruptcy, as well as the approval of its application to restore the deadline.

Considerations

The appeal in civil matters is admissible against the challenged decision in a debt enforcement and bankruptcy matter (Art. 72 para. 2 lit. a, Art. 74 para. 2 lit. d and Art. 75 para. 1 FSCA). The appellant, as a debtor in common, is particularly affected by the bankruptcy decision and has a legitimate interest in its annulment CO amendment (Art. 76 para. 1 lit. b FSCA).

The bankruptcy petition is decided upon in a summary proceeding (Art. 251 lit. a CPC). The bankruptcy court dismisses the bankruptcy petition if the debtor proves by documents that the debt, interest, and costs have been cleared CO that the creditor has granted a deferment (Art. 172 no. 3 DEBA). The debtor can appeal the bankruptcy decision within ten days (Art. 174 para. 1 DEBA). The appellate court can annul the bankruptcy opening if the debtor proves solvency and provides documents that the debt has been cleared (Art. 174 para. 2 DEBA).

The lower court correctly stated that the appeal deadline expired on April 27, 2022 (Art. 56 no. 2 DEBA in conjunction with Art. 63 DEBA). The appellant did not provide proof of full clearance of the debt…