Collocation of a Claim in the Bankruptcy of the Debtor

Facts

Anselm Basler rented premises to Mrs. Elisabeth Steiger, who wanted to operate a restaurant there. Basler undertook to renovate the premises and to transfer the costs of 200,000 CHF to Mrs. Steiger, with half to be paid immediately and the other half in installments.

In a legal dispute between Mrs. Steiger and Basler over rent, Basler filed a counterclaim for the payment of a total of 12,517.15 CHF for the renovation and outstanding capital interest. During the proceedings, bankruptcy proceedings were opened against Mrs. Steiger's assets. The bankruptcy administration included Basler's claim in the collocation plan without disposing of it. The creditors' meeting waived the continuation of the legal dispute, whereupon the creditor Dr. Alfred Steiger intervened in the proceedings pursuant to Art. 260 DEBA.

The Commercial Court decided that Basler's claim of 12,517.15 CHF should be definitively collated in Mrs. Steiger's bankruptcy. Dr. Steiger appealed against this judgment.

Considerations

The Federal Court states that the amount in dispute is not to be determined according to the amount of the claim, but according to the share of the proceeds from the bankruptcy estate that…