Background

A claimant filed a case against defendants requesting the court to announce his bankruptcy. The claimant said that he owned a company for renting building equipment and had had financial problems and failed to pay his debts.

The court dismissed the case.

The claimant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The claimant appealed the ruling before the court of cassation.

The court of cassation considered the issues related to general order and said that bankruptcy cases should not be partitioned and the appeal should be made against all disputed parties. The court said that the claimant had failed to make an appeal against the fourth defendant although the latter was a party in the appealed ruling and thus the appeal should be deemed invalid.

The court dismissed the appeal.