Obligation of Third Party to Provide Information in Bankruptcy

Facts

The dispute concerns the bankruptcy of B. Ltd, whose headquarters is located in the Cayman Islands, and which is being liquidated in Switzerland. Bank [A. SA], which had business relations with B. Ltd, was invited by the bankruptcy office to hand over documents related to these relations and disputed transfers. [A. SA] handed over some documents, but refused to produce other documents, considered internal, on the grounds that they were protected by banking secrecy.

The surveillance chamber of the Offices of Debt Enforcement and Bankruptcy of the Court of Justice of the canton of Geneva rejected A. SA's complaint, which then appealed to the SCC. The SCC rejected the appeal, considering that the obligation to provide information of the third-party debtor is the same as that of the debtor and that the third party can only refuse to transmit to the office purely internal documents.

Considerations

The SCC considered that the obligation to provide information of the third-party debtor is governed by Article 222 para. 4 of the DEBA (LP). According to this article, third parties who hold assets of the bankrupt or against whom the bankrupt has claims have the same obligation to provide information and hand over objects as the bankrupt.

The SCC also considered that the obligation to provide information of the third-party debtor has the same content as that of the debtor. The duty to provide information of the third party thus concerns all assets that it holds on behalf of the debtor and all assets and claims, even disputed ones, of which the debtor is the holder against it.

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