Dismissal of the appeal against the refusal to restore the date of the bankruptcy hearing

Facts

Parties: Appellant: [A. GmbH] in liquidation; Respondent: Foundation Auffangeinrichtung OPA, German-speaking Switzerland branch.

Subject: Restoration of the date of the bankruptcy hearing.

Proceedings: By decision of March 17, 2020, the single judge at the Cantonal Court of SocRA opened bankruptcy proceedings against [A. GmbH] at the request of the Foundation Auffangeinrichtung OPA, as none of the parties appeared at the bankruptcy hearing on March 17, 2020. [A. GmbH] requested the Cantonal Court of SocRA to set a new date for the bankruptcy hearing by submission of March 23, 2020. The Cantonal Court referred the application for restoration to the Higher Court of the Canton of SocRA, which in turn referred it back to the Cantonal Court. By decision of April 30, 2020, the single judge at the Cantonal Court of SocRA dismissed the application for restoration of the date pursuant to Art. 148 CPC. The appeal filed by [A. GmbH] against this decision with the Higher Court of the Canton of SocRA was unsuccessful (judgment of June 24, 2020).

Federal Supreme Court proceedings: By submission of September 5, 2020, [A. GmbH] applied to the Federal Supreme Court. The appellant requested the annulment of the challenged decision and the repetition of the missed bankruptcy hearing; alternatively, the case should be referred back to the lower court.

Considerations

1. The challenged decision of the Higher Court of the Canton of SocRA is a final decision against which the appeal in civil matters is open. The appellant is entitled to file an appeal, and the appeal deadline has been observed. The Federal Supreme Court can enter into the appeal.

2. The lower court found that the notification of the bankruptcy hearing to the appellant was valid. The appellant has not credibly demonstrated that it bears no or only slight fault for the default. The repetition of the missed bankruptcy hearing is therefore out of…