Questão jurídica principal
Whether the complaint could seek a declaration that bankruptcy-opening requirements were no longer met after the cantonal deadline.
Decisão extraída
Such declaratory requests were inadmissible because they relied on facts and evidence arising after expiry of the cantonal appeal period.
Fundamentação extraída
New allegations and evidence are inadmissible before the Federal Supreme Court; the requested declaration was therefore barred by Article 99 BGG.