Facts
The appellants have been assigned claims for liability against the governing bodies of B. AG in liquidation and asserted these in the bankruptcy administration of the estate of H., who died in 1976. They demanded that the bankruptcy office in Einsiedeln register their disputed claim pro memoria in the collocation plan. The bankruptcy office rejected this, which was confirmed by the lower instances.Considerations
1. The Federal Court confirms that the pendency of proceedings is not the decisive criterion for assessing whether a matter is the subject of a lawsuit within the meaning of Art. 63 para. 1 of the Debt Enforcement and Bankruptcy Ordinance (KOV). The purpose of this provision is to spare the bankruptcy creditors from having to start a partially instructed lawsuit anew after the collocation plan has been laid out. 2. The instruction of a lawsuit begins at the earliest with the statement of claim, in which the claim is substantiated and the evidence is specified. The mere conduct of a conciliation hearing…