Facts
On 9 July 1997, the debt collection office of Basel-City served the debtor P.S. with a payment order for ordinary debt collection proceedings by way of seizure or bankruptcy, concerning unpaid rent for the months of May and June 1997 relating to commercial premises. P.S., against whom bankruptcy proceedings had been opened on 24 February 1997 following a declaration of insolvency, complained to the supervisory authority on the debt collection and bankruptcy office of the canton of Basel-City about the service of the payment order, requesting its cancellation on the grounds that the claim had arisen before the opening of the bankruptcy and that, consequently, debt collection proceedings could not be initiated during the ongoing bankruptcy proceedings.Considerations
According to case law, rent claims arising after the opening of bankruptcy proceedings must be treated as bankruptcy claims to the extent of the statutory right of retention, whether the bankrupt is a natural or legal person. Indeed, the rental of commercial premises cannot always be abruptly interrupted after the opening of bankruptcy proceedings on the tenant, and often continues beyond that, regardless of the legal nature of the debtor.
In the present case, the bankruptcy on the debtor P.S. was opened on 24 February 1997.…