Facts
On 9 March 1994, bankruptcy was declared over [H. AG], and the District Court Presidency of Bischofszell ordered summary proceedings. As the cantonal bankruptcy office could not conduct the bankruptcy proceedings itself, it requested the appointment of an extrajudicial bankruptcy administrator from the bankruptcy creditors by way of circulation. No objection to this request was filed within the deadline set by the bankruptcy office.
Thurgauer Kantonalbank, a creditor in the bankruptcy of [H. AG], appealed to the Appeals Commission of the High Court of the Canton of Thurgau, requesting that the election of the extrajudicial bankruptcy administrator be declared void. It argued that in summary bankruptcy proceedings, there is no possibility of appointing an extrajudicial bankruptcy administrator, as this could lead to considerable costs at the expense of the bankruptcy estate.
Considerations
The legal doctrine is unanimous that there is no extrajudicial bankruptcy administrator in summary bankruptcy proceedings pursuant to Art. 231 (2) and (3) of the Federal Debt Enforcement and Bankruptcy Act (SchKG). Summary bankruptcy proceedings are characterized by simplicity, speed, and cost savings, which is why it is considered logical that neither a creditors' committee nor an elected bankruptcy administrator is active.
The fact that the bankruptcy office staff were not able to manage the proceedings in a timely manner would not have constituted a reason for the appointment of an extrajudicial bankruptcy administrator…