Facts
[A.] and [B.] concluded ordinary composition agreements with their respective creditors in 2001, which were confirmed by the President of the Court. The agreements contained a clause stating that the creditors would declare the withdrawal of the debt collection proceedings. After the composition agreements were executed, [A.] and [B.] applied to the debt collection office for the deletion of the debt collection proceedings, which was however rejected. The supervisory authority dismissed the appeals filed against this, whereupon [A.] and [B.] filed an appeal to the Federal Supreme Court.Considerations
The Federal Supreme Court dismisses the appeals. According to Art. 8a para. 3 let. c DEBA, the debt collection office may not disclose a debt collection to third parties if the creditor has withdrawn it. However, according to the law and case law, a withdrawal requires that the creditor makes a corresponding declaration. This is not the case here, as not all creditors have consented to the withdrawal clause in the composition agreement.
The appellants cannot derive anything in their favor from Art. 314 DEBA. This provision merely regulates the material minimum content of the composition agreement, but not the question of the withdrawal of debt collection proceedings. The composition…