Facts
The debtor Maurice Notz is subject to numerous debt enforcement proceedings and seizures by his creditors. Among his assets is his share in the real estate civil company "BONO", incorporated in France with a third party, Pierre Bourgeois. As the latter has been declared bankrupt, the seizing creditors have requested the sale of the debtor's share in this company.
The lower supervisory authority, the President of the District Court of Lausanne, has appointed a licensed business agent, Paul Jayet, as the manager of the seized share of the debtor in the "BONO" company and as the common representative of the seizing creditors. His mission is to request the competent French authorities the liquidation of this real estate civil company, to collect the proceeds of the liquidation accruing to the debtor and to remit it to the Debt Collection Office of Lausanne-East for distribution to the creditors.
Considerations
The cantonal supervisory authority considered that an auction sale of the debtor's share in the "BONO" company was not appropriate, as it could not itself order the dissolution and liquidation of this French company. Only the French judge, who is the sole competent authority, can appoint one or more liquidators of the "BONO" company, which seems to be dissolved by operation of law due to the bankruptcy of one of the partners and the insolvency of the other.
The Federal Tribunal dismisses the debtor's appeal. It considers that the cantonal supervisory authority is free to entrust one or more creditors, or their agent, with the necessary legal steps to initiate an action for the division of the assets…