Conclusion of Easement Agreements by the Bankruptcy Trustee

Facts

In the bankruptcy of G., the bankruptcy trustee concluded easement agreements with the St. Gallen-Appenzell Power Company (SAK) on January 18/25, 1978 and January 30/February 16, 1981. These granted SAK the right to run overhead power lines across the debtor's properties and to clear or trim the forest below the lines. As compensation for the forestry disadvantages and edge damage, the bankruptcy estate received amounts of CHF 800 and CHF 240 respectively.

G., the debtor, filed a complaint against these easement agreements with the High Court of Appenzell A. Rh. as the supervisory authority for debt enforcement and bankruptcy. He requested that the agreements be rescinded and the original condition of the properties be restored. However, the High Court dismissed the complaint.

G. appealed against this decision of the High Court to the Debt Enforcement and Bankruptcy Chamber of the Federal Supreme Court.

Considerations

According to the case law of the Federal Supreme Court, the debtor is entitled to challenge dispositions of the bankruptcy trustee and creditor resolutions that interfere with his legally protected rights and interests. However, the conclusion of the two easement agreements does not constitute a disposition, but merely a legal transaction for the preservation of the bankruptcy assets pursuant to Art. 240 DEBA. Such actions are not subject to appeal to the supervisory authorities.

Furthermore, the easement…