Facts
The case concerns the question of whether a subsequently discovered asset claim that belonged to the bankruptcy estate but was not asserted in the bankruptcy proceedings can still be realized in the post-bankruptcy proceedings pursuant to Art. 269 of the Federal Debt Enforcement and Bankruptcy Act (SchKG). The Swiss Bank Corporation (SBG) filed a lawsuit against Heinz P. after the conclusion of the bankruptcy proceedings over W. AG. It demanded the determination that a declaration of W. AG dated April 10, 1980 on the assignment of claims to Heinz P. was invalid, as well as the repayment of the payments made to Heinz P. in the amount of CHF 975,000 based on this. The High Court of the Canton of Thurgau dismissed the claim, as it was of the opinion that the knowledge or the obligation to know of the claim by the assignee creditors, to which SBG also belonged, excluded the conduct of post-bankruptcy proceedings. SBG appealed against this to the Federal Supreme Court.Considerations
The Federal Supreme Court states that the exclusion of post-bankruptcy proceedings pursuant to Art. 269 SchKG requires that a majority of the creditors entitled to participate in the second creditors' meeting were aware of the existence and belonging to the estate of the subsequently discovered assets before the conclusion of the bankruptcy proceedings. The knowledge of a single creditor is not sufficient for this. The bankruptcy administration has an important role in the conduct of the bankruptcy proceedings, but cannot decide on the discontinuation or continuation of proceedings. This is the sole responsibility of the second creditors' meeting. Even if errors of the bankruptcy administration cannot justify the exclusion of post-bankruptcy proceedings, this can lead to their liability towards the…