Dismissal of the appeal against the amount of the security set for the summary liquidation of a suspended bankruptcy due to lack of assets

Facts

After the refusal to homologate the composition agreement proposed by G. SA and the declaration of bankruptcy of this company, the Bankruptcy Office of Geneva suspended the bankruptcy proceedings on the grounds that it was likely that the assets would not be sufficient to cover the costs of the summary liquidation. The office set the amount of the advance on costs to be paid to request the continuation of the liquidation at 50,000 francs. [D.], a presumed creditor of the bankrupt, filed a complaint against this decision, arguing that the amount should be limited to 7,000 francs. The Cantonal Supervisory Commission dismissed this complaint. [D.] then filed an appeal with the Federal Tribunal.

Considerations

The Federal Tribunal recalls that when the creditor who requests the liquidation of the bankruptcy considers that the advance requested is too high, he can file a complaint with the cantonal supervisory authorities. As the question of the amount of the security to be provided is a pure question of assessment, the appeal to the Federal Tribunal is only admissible for abuse or excess of the power of assessment.

In the present case, the Federal Tribunal considers that the Cantonal Supervisory Commission did not commit any abuse or excess of power in its assessment. It has indeed taken into account the importance of the liabilities (approximately 500 million francs), the…