Confirmation of the bankruptcy summons notified to the debtor

Facts

Fiduciaire B. SA requested the notification of a bankruptcy summons against V. P. for a claim of CHF 2'628.60 plus interest. The debtor objected to the debt collection, but the Court of First Instance of Geneva ordered V. P. to pay this amount and definitively lifted the objection. After the Federal Tribunal rejected V. P.'s appeal for reform, Fiduciaire B. SA had the bankruptcy summons notified on July 29, 1980. However, the Supervisory Authority for Debt Collection Offices annulled this summons, considering that the statute of limitations for the debt collection had expired.

Considerations

The Federal Court upheld the appeal of Fiduciaire B. SA and annulled the decision of the Cantonal Authority. It considered that only the bankruptcy judge is competent to determine whether the bankruptcy petition was filed in a timely manner, before the expiration of the deadline provided for in Art. 166 para. 2 DEBA. The debt collection office must, if requested, have a bankruptcy summons notified as long as the payment order has not lapsed, without having to rule on the issue of the lapse.

The Court also specified that the statute of limitations for the debt collection remains suspended as long as the…