Facts
R. filed a claim in the bankruptcy of a company, resulting from a default judgment rendered after the declaration of bankruptcy. The bankruptcy administration rejected this filing "as not due and not justified", while specifying that "at most the bankruptcy estate could claim damages in view of the role of resigned administrator of the company" that he had assumed.
R. filed a complaint with the cantonal supervisory authority seeking the full admission of his filing to the schedule of claims. His complaint having been rejected, he addressed the Debt Collection and Bankruptcy Chamber of the Federal Supreme Court.
Considerations
The schedule of claims in bankruptcy can be contested by way of a complaint (Art. 17 DEBA) or by an action to contest the schedule of claims (Art. 250 DEBA).
The complaint procedure is available when the schedule of claims is imprecise, unintelligible or flawed in form, or when certain procedural provisions with a bearing on substantive law have not been observed.
The action, on the other hand, concerns the merits; its purpose is to determine whether and to what…