Questão jurídica principal
Whether the civil appeal against the cantonal bankruptcy judgment was admissible
Decisão extraída
The appeal was formally admissible in principle as a civil-law appeal against a final cantonal decision, but the specific submission failed because the appeal lacked sufficient motivation and relied on an inadmissible new fact.
Fundamentação extraída
A bankruptcy pronouncement is a final decision. However, the Federal Supreme Court may not consider new facts not raised below, and the brief contained no adequate reasoning on the alleged violation of Art. 174 para. 2 SchKG.