Nullity of certificates of unpaid claims issued during the liquidation of a bankruptcy

Facts

On 23 March 1955, the President of the District Court of Porrentruy declared the bankruptcy of Maurice Paratte, who had declared himself insolvent. The liquidation of the bankruptcy was not suspended due to lack of assets. However, the opening of the bankruptcy was not published as required by law. On 18 December 1961, the President of the District Court of Porrentruy revoked the bankruptcy, considering that all creditors had been paid or had withdrawn their claims.

In 1952, Paul Despont initiated enforcement proceedings against Maurice Paratte. Despite the bankruptcy, two certificates of unpaid claims were issued to Despont in 1959 and 1961. In 1966, Despont again pursued Paratte for payment of the amount of the certificate of unpaid claims dated 13 February 1961. Paratte then filed a complaint to have these certificates of unpaid claims annulled.

Considerations

According to Art. 206 DEBA, the effect of bankruptcy is that enforcement proceedings against the debtor cease by operation of law. No new enforcement proceedings can be initiated during the liquidation of the bankruptcy, except for certain exceptions.

In this case, Despont's enforcement proceedings do not fall under the exceptions provided for. The claim to be recovered arose before the opening of the bankruptcy. It does not matter that the opening of the…