Facts
This case concerns a creditor who filed an action to object to the schedule of claims after learning that the promised modification by the bankruptcy office representative had not been made. The cantonal court dismissed the request, finding that there was no reason to file such an action since the representative had announced that he would modify the schedule of claims. The creditor appealed this decision.Considerations
The Federal Court ruled that the creditor was entitled and even obliged to file an action to object to the schedule of claims in this particular situation. Indeed, the promise of modification by the representative had been made to the representative of the bankrupt company, and not directly to the creditor represented by a lawyer. Furthermore, the employees of the bankruptcy office had indicated that the schedule of claims had not been modified, while the 20-day deadline to file an action was about to expire. In these circumstances, the filing of the action by the creditor was not abusive and Art. 65 of the Ordinance on the Administration of Bankruptcy Offices (OAOF) applied, prohibiting the representative…