Facts
In the context of enforcement proceedings against Otto Strobel, a property located in Binningen was seized. This property had been transferred to Strobel's wife, Lilly Strobel, by a marriage contract. Various creditors contested Lilly Strobel's ownership of this property. Shortly before the conclusion of these proceedings, Strobel was declared bankrupt. The bankruptcy estate assigned its claims on the property to several creditors, including the engineering firm R. Lampert-Brändli. Lilly Strobel then sold the property to a third party, depositing a portion of the sale proceeds to cover any real estate capital gains taxes. The bankruptcy office then ordered the precautionary seizure of this deposit, which Lilly Strobel successfully contested before the supervisory authority.Considerations
The Federal Tribunal dismissed the appeal of the engineering firm R. Lampert-Brändli. It considered that the opening of the bankruptcy had rendered the pending proceedings concerning the claim of ownership of the property moot. The bankruptcy administration could only bring this property into the bankruptcy estate by way of legal action, since it was not registered in the land register in the name of the debtor. This rule also applies when the property was previously seized in the context of enforcement proceedings.
Furthermore, the bankruptcy office cannot impose unavailability on objects in the possession of a third party who claims…