Facts
In this case, bankruptcy proceedings of U.L. had not progressed since the end of March 1990. Manoirial SA, as a creditor, complained to the cantonal supervisory authority for debt collection and bankruptcy matters for the canton of Bern about the delay in the legal proceedings. The supervisory authority upheld the complaint, but refrained from ordering measures, as no additional staff for the bankruptcy office had been approved due to the cost-cutting efforts of the canton of Bern.
Manoirial SA then appealed the matter to the Debt Collection and Bankruptcy Chamber of the Federal Supreme Court.
Considerations
The Federal Supreme Court found that the bankruptcy proceedings should be conducted within six months according to the law, but in the present case, it had already exceeded two and a half years. It pointed out that the cantonal supervisory authority could have insisted, according to cantonal law, that additional staff be provided to the bankruptcy office to complete the proceedings within the prescribed time frame. The supervisory authority should also have ensured that requests for extensions of the deadline were submitted to it.
Although the Federal Supreme Court itself cannot directly intervene to remedy the staff shortage, as the organization of the debt collection and bankruptcy offices is the…