Facts
The case concerns the treatment of a claim filed in the bankruptcy of Y. AG. The appellant X. had filed his claim with the bankruptcy office in a timely manner, but it was accidentally not included in the schedule of claims. On March 11, 2011, after the bankruptcy proceedings had already been closed, X. requested the bankruptcy office to subsequently include his claim in the schedule of claims.
The cantonal supervisory authority had dismissed X.'s appeal, as it was of the view that no subsequent bankruptcy filings were admissible after the closure of the bankruptcy proceedings. However, the Federal Supreme Court upheld the appeal.
Considerations
The Federal Supreme Court found that according to established case law, claims that were accidentally overlooked in the schedule of claims can be considered as late bankruptcy filings and can be taken into account until the closure of the bankruptcy proceedings. The "closure of the bankruptcy proceedings" within the meaning of Art. 251 para. 1 DEBA is to be understood as the decision of the bankruptcy judge under Art. 268 para. 1 DEBA on the closure of the bankruptcy.
The Federal Supreme Court further stated that the closure of the bankruptcy in the present case was not yet legally…