Question juridique clé
Whether the debtor’s request for opening of personal bankruptcy should be granted under Art. 191 SchKG.
Solution extraite
The request was denied because the debtor lacked a protectable interest: his finances showed a monthly surplus and the alleged main debt remained unproven.
Motifs extraits
Bankruptcy may be opened only if no realistic prospect of debt restructuring exists. The appellant did not challenge the income/expense calculation and could not substantiate the alleged loan debt with admissible evidence filed in time.