Return of a property and repayment of a remaining loan amount to the bankruptcy estate

Facts

The [A. AG] in bankruptcy filed a lawsuit against [B.W.] and [F.B.] , the chairman and vice-chairman of the board of directors of [A. AG] . The plaintiff demanded that [B.W.] return a property to the bankruptcy estate and that [B.W.] and [F.B.] repay a remaining loan amount to the bankruptcy estate. The High Court of the Canton of Thurgau partially upheld the claim. [B.W.] and [F.B.] appealed against this judgment to the Federal Supreme Court.

Considerations

The Federal Supreme Court dismissed the appeal, insofar as it was admissible. It confirmed the decision of the High Court, according to which [B.W.] is obliged to return the property to the bankruptcy estate. Furthermore, [B.W.] and [F.B.] were jointly and severally liable to pay the bankruptcy estate a remaining loan amount of CHF 521,870.80 plus interest.

The Federal Supreme Court stated that the…