Revocation of a member of the supervisory board in bankruptcy proceedings

Facts

In the context of the bankruptcy of X. Holding company, a supervisory board of five members was constituted in accordance with Art. 237 para. 3 DEBA. [K.] was appointed as a member. However, the special administration requested the cantonal supervisory authority to pronounce the revocation of [K.], arguing that he had abused his powers and violated the principle of collegiality by making inappropriate contacts with certain creditors or third parties, without referring to his colleagues or the special administration. The cantonal authority declared K.'s complaint inadmissible and pronounced his revocation from the supervisory board. [K.] appealed against this decision to the Bankruptcy and Debt Collection Chamber of the Swiss Federal Supreme Court.

Considerations

The Bankruptcy and Debt Collection Chamber dismissed the appeal to the extent that it was admissible. It considered that the cantonal supervisory authority had correctly declared K.'s complaint inadmissible, both in his capacity as a representative of the creditors and as an individual member of the supervisory board. Indeed, [K.] had not demonstrated that he represented other creditors than the sole bondholder Z., and as a member of the supervisory board, he could not act alone due to the principle of collegiality that applies to this body.

Furthermore, the Chamber considered that the cantonal supervisory authority had neither exceeded nor abused its…