Facts
In the debt enforcement proceedings No. 9138/8466 and 10301 of the Debt Enforcement Office X. against Erich [D.], claims against Jean Z. and the B.-Holding AG were seized. These claims are disputed and are the subject of a lawsuit before the I. Civil Chamber of the Court of Appeal of the Canton of Bern.
Erich [D.] requested that the supervisory authority determine the procedure for the realization of the seized claims. He wanted to be obliged to deliver the proceeds from the lawsuit over the seized claims to the debt enforcement office, insofar as this was necessary to satisfy the creditors. However, the President of the Court of X. and the supervisory authority for debt enforcement and bankruptcy matters for the Canton of Bern rejected this request.
Erich [D.] then appealed to the Debt Enforcement and Bankruptcy Chamber of the Federal Supreme Court.
Considerations
The Federal Supreme Court found that the Debt Enforcement and Bankruptcy Act (SchKG) provides for public auction as the ordinary method of realization for claims. Only if a claim is due and undisputed can the debt enforcement office collect it without further ado.
In addition to public auction, the law also provides for the assignment of claims under Art. 131 SchKG. However, this cannot be done against the will of the creditors.
The Federal Supreme Court concluded that…