Access to Bankruptcy Files by Settlor of a Bank Acting as a Creditor

Facts

The appellant Rebmann requested the deputy of the Bankruptcy Office Gossau to grant him access to the minutes and files of the bankruptcies of Immotrust AG and its Board of Directors Thomas Zarn. He claimed that Bank X, as his trustee, had granted two loans to Immotrust AG, which were secured by mortgage deeds and bills of exchange. In the bankruptcies, the bank had filed its claims. Rebmann suspected that the bank had not only acted on his behalf, but also on behalf of the debtors in bankruptcy, in return for compensation, and had thereby violated its duty of loyalty towards him.

The deputy of the Bankruptcy Office rejected the request, as Rebmann could not be considered a creditor in bankruptcy. The cantonal supervisory authority confirmed this decision.

Considerations

The Federal Court states that pursuant to Art. 8 para. 2 DEBA, anyone who can prove an interest may inspect the bankruptcy files. A special and current legal interest is sufficient for this. In bankruptcy cases, the case law generally acknowledges the required interest of every creditor.

Rebmann identifies himself as the settlor of…