Facts
In the bankruptcy of [Y. AG] in liquidation, the Enge-Zürich Bankruptcy Office posted the collocation schedule from April 29 to May 23, 2011. As third-class creditors, among others, [X.] with a claim from mandate of CHF 11,098.-- and [Z.] Limited with a claim from a loan of CHF 9,682,357.81 (reduced by the Bankruptcy Office according to the letter from the creditor dated May 20, 2011) were admitted.
On May 19, 2011, [X.] filed a collocation claim against [Z.] Limited with the District Court of Zurich and requested that the claim of the co-creditor be reduced and only collated in the amount of CHF 8,031,060.--. By order of September 26, 2011, the District Court set [X.] a deadline to pay an advance on costs of CHF 34,075.--.
[X.] appealed against this order and requested that the advance on costs be set at a maximum of CHF 1,903.85. The Upper Court of the Canton of Zurich, 2nd Civil Chamber, partially upheld the appeal by judgment of December 7, 2011 and reduced the advance on costs to CHF 25,000.--.
Considerations
The Federal Supreme Court has decided that the lower court violated federal law in setting the advance on costs by assuming a value in dispute that disregards the presumed bankruptcy dividend of 0% and focuses on the disputed reduction of the bankruptcy claim of the respondent. The case law of the Federal Supreme Court provides…