Facts
In the bankruptcy of X., the bankruptcy estate, to the extent included in the inventory, had already been realized. The creditors' claims had been safeguarded and satisfied to the extent possible, with the second-class creditors largely and the third- and fifth-class creditors completely left empty-handed. The debtor had thereupon applied for the implementation of a composition proceeding in the bankruptcy pursuant to Art. 317 DEBA. At the creditors' meeting convened by the bankruptcy administrator, it was resolved to dismiss the incumbent bankruptcy administrator [A.] and to replace him with a new bankruptcy administration. The cantonal supervisory authority overturned this resolution and reinstated [A.] in his office. An appeal against this decision was filed with the Debt Enforcement and Bankruptcy Chamber of the Federal Supreme Court.
Considerations
The Federal Supreme Court states that resolutions of the second and any subsequent creditors' meetings can only be challenged on the grounds of a violation of the law, but not on the grounds of inappropriateness. A violation of the law exists if the creditors' meeting has disregarded certain procedural rules or individual rights of the creditors or has taken a measure that is clearly incompatible with the purpose of the bankruptcy.
In the present case, the bankruptcy proceedings are practically nearing completion, as the bankruptcy estate has been realized and the creditors' claims have been satisfied as far as possible. Replacing the bankruptcy administration shortly before the conclusion of the proceedings…