Facts
On August 26, 2004, the Court of First Instance of Geneva declared the bankruptcy of A. SA, which operated an optician-eyewear business. The bankruptcy was liquidated in summary form. The inventoried assets of the bankrupt company were estimated at 70,009 CHF for a bulk sale. On September 27, 2004, X. and [Y.] expressed interest in taking over the lease of the optical store. On October 6, 2004, the bankruptcy office reached an agreement with X. and [Y.] on the conditions for the bankruptcy estate to enter the lease, with a view to a transfer in the perspective of a joint takeover of the furniture. On October 15, 2004, the bankruptcy estate and X. and [Y.] signed a transfer agreement for the assets of the bankrupt company, qualified as an "urgent sale" within the meaning of Art. 243 para. 2 DEBA. On November 3, 2004, the office published a notice in the Official Gazette informing the creditors of this urgent sale and of their possibility to submit a higher offer within 20 days. No creditor submitted a higher offer or raised any objection. On November 15, 2004, however, company D. SA filed a complaint with the Cantonal Supervisory Commission, requesting the annulment of the transfer agreement and the organization of a private auction.Considerations
The summary liquidation of the bankruptcy allows the bankruptcy office to realize the assets in the best interests of the creditors, in accordance with Art. 256 paras. 2 to 4 and 231 para. 3 no. 2 DEBA. In certain situations, the office does not have to wait for the expiration of the deadline for the productions and can proceed with an urgent realization, in particular when a business represents an asset subject to rapid depreciation and a favorable opportunity arises to transfer it to a new owner under good conditions.
The interpretation of the transfer…