Facts
In the bankruptcy of the estate of Jakob Signer, Mels, Karl Peter filed a claim of CHF 11,004.80, which was collated by the Cantonal Court of St. Gallen. On the action of a co-heir and creditor of the estate, Jakob Signer, the Cantonal Court revoked this collation, as Peter's claim could have arisen only against the widow of the decedent personally, not against the community of heirs or the estate.
Peter appealed the cantonal court's judgment and requested that it be overturned and Signer's action be dismissed, in order to have his claim of CHF 11,004.80 collated.
Considerations
The Federal Court states that the present action is a collocation action under Art. 250 DEBA, the value in dispute of which corresponds to the expected bankruptcy dividend or surplus on the disputed claim. For the collocation plaintiff Signer, it is about the dividend share that he wins or loses depending on the dismissal or admission of Peter's claim, for the defendant Peter it is about the value of the bankruptcy dividend that he would receive upon final collation of his claim.
The Federal Court adheres to its previous practice, according to which the value in dispute does not correspond to the amount of the claim, but to the value of the disputed bankruptcy dividend. Since the appellant Peter did not…