Nullity of the assignment of a claim after the closure of the bankruptcy

Facts

In the context of the bankruptcy of K-F, the second creditors' meeting was unable to make a decision on a possible avoidance action against K due to a lack of quorum. Creditors R SA and S SA then requested the Office of Debt Collection and Bankruptcy (OPF) in Z to assign the claim against K to them. The OPF carried out this assignment on 15 December 1988, while the bankruptcy proceedings were still ongoing. On 23 October 1989, the judge of the Z jurisdiction pronounced the closure of the bankruptcy of K-F. On 28 September 1992, the OPF initiated a formal procedure to question the estate on the waiver of the avoidance action against K, and finally assigned the claim to R SA and S SA on 30 October 1992. K contested the validity of these assignments.

Considerations

The Federal Tribunal ruled that the assignment of 15 December 1988, which took place while the bankruptcy proceedings were still ongoing but without the creditors being able to express their opinion, is null and void. Indeed, after the closure of the bankruptcy, the bankruptcy administration can no longer carry out administrative acts, except within the limits provided for in Art. 269 DEBA. However, the assignment of a claim that was known before the closure is not possible.

As for the assignment of 30 October 1992, it was…