Facts
The present case concerns an appeal against a decision of the Debt Collection and Bankruptcy Chamber. The appellant requested a second appraisal of movable property pursuant to Art. 9 para. 2 of the Federal Court Ordinance on the Compulsory Realization of Real Estate (VZG). The Federal Court rejected this request.
In summary bankruptcy proceedings, there is no entitlement to a second appraisal of movable property under Art. 9 para. 2 VZG. This provision does indeed apply analogously to movable property, provided that a new appraisal is possible within a reasonable time. However, in bankruptcy proceedings, Art. 9 VZG does not apply, as the realization is carried out in accordance with the special provisions of Art. 122 et seq. VZG and the Federal Court Ordinance on the Management of Bankruptcy Offices. These regulations do not contain an analogous provision to Art. 9 VZG.
The Federal Court explains that there are substantive reasons for the different legal regulation of the appraisal in the seizure or pledge realization procedure compared to the bankruptcy procedure. In bankruptcy proceedings, at least the main function of determining the scope of coverage and informing the creditors about the expected realization result is eliminated, as the bankruptcy covers the entire assets.
Considerations
Therefore, in summary bankruptcy proceedings, there is no entitlement to a second appraisal of…