Decision on the realisation procedure in the bankruptcy of Parkhof AG

Facts

The decision concerns the realisation procedure of the assets of the bankrupt company Parkhof AG. The DFC had to rule on several appeals against the decisions of the cantonal supervisory authority concerning:

• The cancellation of a circular letter from the trustee regarding the private sale of a property belonging to the bankruptcy estate
• The suspension of the realisation procedure when the bankrupt party manages to fully satisfy the creditors without resorting to the realisation of its assets
• Compliance with the provisions of the FSREO on the acquisition of real estate by persons domiciled abroad
• The limits of the powers of the bankruptcy trustee

Considerations

The DFC in particular ruled that

• The trustee's circular of 22 June 1962 had to be cancelled because it had not been communicated to the shareholders of the bankrupt company, in violation of the legal principles aimed at ensuring the best possible realisation of the assets.
• The suspension of the realisation procedure was justified when the bankrupt party managed to fully satisfy the creditors without resorting to the realisation of its assets, provided that the amount necessary for this purpose was deposited in court.…