Rejection of the claim of an inventoried debt not incorporated into a title in bankruptcy proceedings

Facts

In the bankruptcy of company A., an amount of 80,000 francs was entered in the inventory as a debt of the estate against the administration G. The appellant [B.] filed a late claim for 80,000 francs and simultaneously claimed ownership of this debt, relying on the endorsement in her favour of a cheque for the same amount issued by the administration G. However, [B.] had been dismissed from her claim for payment against the administration based on this cheque, as the cheque was time-barred and the endorsement had lapsed. The bankruptcy office rejected the filing of the debt due to its late submission and the lapse of the cheque, but did not rule on the claim. Seized of a complaint from [B.] concerning the office's refusal to rule on her claim, the cantonal supervisory authority rejected the complaint, relying on the consistent case law of the DFC which excludes the application of the claim procedure under Art. 242 DEBA when the third-party claimant claims that it is he himself, and not the bankrupt, who is the holder of an inventoried debt not incorporated into a title.

Considerations

The DFC confirms this case law, which has received widespread approval…