Dismissal of the appeal by Albaplast AG against the bankruptcy estate's entry into the proceedings

Facts

Albaplast AG had filed a claim for damages against the deceased J.J. Drittenbass in the amount of 150,000 Swiss francs, but was dismissed by the Commercial Court of the Canton of St. Gallen. Albaplast AG appealed to the Federal Supreme Court. After the bankruptcy was opened over the estate of J.J. Drittenbass, the claim of Albaplast AG was noted "pro memoria" in the collocation plan. The Bankruptcy Office of St. Gallen intended to continue the proceedings on behalf of the bankruptcy estate. Thereupon, Albaplast AG filed a complaint against this order of the Bankruptcy Office, requesting that it be revoked.

Considerations

1. The Federal Supreme Court states that in principle, even an unrecognized bankruptcy creditor whose claim is still the subject of pending legal proceedings is entitled to appeal under Art. 17 et seq. of the Federal Act on Debt Enforcement and Bankruptcy (SchKG) against orders of the bankruptcy authorities. This serves to protect the appellant from disadvantages that could result from an order of the bankruptcy authorities. 2. In the present case, however, it is not about an enforcement measure or another order influencing the settlement of the bankruptcy proceedings, but merely about the statement of the bankruptcy estate on the disputed…