Rejection of the Pledge Right by the Bankruptcy Administration in the Presence of Grounds for Avoidance

Facts

The present case concerned the collocation of a claim secured by pledge, filed by St. AG in the bankruptcy of L.R. The Bankruptcy Office of the Canton of Glarus admitted the claim in the 5th class and rejected the pledge right asserted by the creditor. The appeal of St. AG against this decision was dismissed by the cantonal supervisory authorities and ultimately also by the Federal Supreme Court.

Considerations

The Federal Supreme Court stated in its reasoning that the bankruptcy administration was entitled, pursuant to Articles 248 DEBA and 58 para. 1 BVO, to collocate the claim not as secured by pledge, but only in the 5th class. Since the bankruptcy administration alleged the existence of grounds for avoidance under Articles 285 et seq. DEBA, it could also reject the asserted pledge right.

The Federal Supreme Court referred to its previous case law, according to which the bankruptcy administration appears as the defendant when it rejects a pledge right based on the avoidance provisions of the DEBA. The arguments of the appellant, according to which the procedure…