Decision on the Costs of Bankruptcy Proceedings in the Context of an Estate Accepted Under Benefit of Inventory

Facts

After the death of G. on January 27, 1997, his heirs renounced the estate, with the exception of heir B. The latter requested the opening of a public inventory on February 25, 1997. Due to the insolvency of the estate, the Probate Office of the District of Gaster requested the liquidation of the estate by the Bankruptcy Office of the Canton of St. Gallen on November 18, 1997. The President of the District Court of Gaster ordered this liquidation on November 26, 1997, but closed the bankruptcy proceedings on February 26, 1998 due to lack of assets. By decision of April 7, 1998, the Bankruptcy Office charged the bankruptcy proceedings costs, amounting to 1,779.60 francs, to heir B. The latter appealed this decision to the Cantonal Court of St. Gallen, which dismissed her appeal on June 25, 1998. However, the Debt Collection and Bankruptcy Chamber of the Federal Supreme Court upheld B.'s appeal.

Considerations

According to case law, the costs of bankruptcy proceedings cannot be charged to an heir who has accepted the estate under benefit of inventory or who has requested the official liquidation, when the probate authority informs the bankruptcy judge of the insolvency of the estate and the latter orders the liquidation according to the rules of bankruptcy.

In the present case, heir B. accepted the estate…