Questione giuridica chiave
Whether the refusal of legal aid for the collocation dispute violated Article 29(3) of the Constitution because the case had prospects of success.
Decisione estratta
No. The cantonal court could reasonably find that the underlying action was notably less likely to succeed than to fail, so legal aid for the merits case was properly refused.
Motivazione estratta
For legal aid, the court makes a summary assessment on the basis of the file. The contract invoked did not itself establish an obligation of the bankrupt company toward the applicant, the signed 2006 accounts tended to negate the claimed receivable, and the fiduciary report did not prove a claim against the bankrupt estate.