Question juridique clé
Whether the debtor was still subject to bankruptcy proceedings during the six months after publication of his deletion from the commercial register as a GmbH member/manager.
Solution extraite
Yes. The statutory six-month post-publication period applied, so bankruptcy proceedings could continue.
Motifs extraits
The debtor had been entered in the commercial register as a GmbH member and manager; his deletion was published on 2002-12-23. Under Art. 40 SchKG, read with Art. 39 Abs. 1 Ziff. 5 SchKG, he remained subject to bankruptcy enforcement until 2003-06-24. The creditor had requested continuation before expiry of that period.