Facts
On October 17, 1989, H. [S.] was declared bankrupt. During the inventory, the bankruptcy administrator designated most of the assets, particularly the condominium and the household effects, as the property of his wife. On December 20, 1989, a creditor demanded the official seizure of a wine cellar that had not yet been inventoried, which the bankruptcy administrator also claimed was the property of his wife. The debt collection office then took inventory of the wine cellar and sealed it on the order of the bankruptcy office.
H. [S.] and his wife complained about the seizure, and the Appeals Commission of the High Court of the Canton of Thurgau upheld their complaint. Thereupon, the bankruptcy office of the Canton of Thurgau appealed to the Debt Collection and Bankruptcy Chamber of the Federal Supreme Court.
Considerations
The Federal Supreme Court took up the appeal, as the bankruptcy administration is authorized to safeguard the interests of the bankruptcy estate and thus of the creditors as a whole.
Regardless of the property regime, spouses cannot rely on the presumption of ownership under Art. 930 of the Swiss Civil Code (ZGB) with regard to items…