Decision of the Higher Court of Zurich dated 17 January 2017 [PS160242-O/U]
Kaiser Odermatt & Partner successfully annulled an unlawful opening of a bankruptcy proceeding acc. to art. 109 par. 1 ciph. 1 of the Swiss Federal Law on Debt Collection and Bankruptcy before the Higher Court of Zurich. The Higher Court stated that, due to the seriousness of a bankruptcy proceeding, probable cause is required when requesting its opening. Unknown residence as cause of action is present if in spite of appropriate and reasonable investigation and with assistance of the authorities the current residence of the debtor cannot be discovered. In case the debtor duly reports the new address to the authorities before leaving the country probable cause for risk of absconding is denied.