Creditor's Demand for Bankruptcy Based on Partially Enforced Debt Void

The court addressed a situation where a creditor obtained a provisional decision granting legal opening for only a portion of the claimed debt in debt enforcement proceedings, yet the subsequent demand for bankruptcy cited the full, unproven amount. The court reasoned that a demand for bankruptcy requires a legally binding payment order for the entire amount claimed; therefore, since the payment order was only legally effective for the reduced amount, the subsequent demand for bankruptcy based on the full, larger amount was entirely void under the relevant statute, necessitating the annulment of the bankruptcy decree to protect the debtor.