Facts
On October 17, 1980, bankruptcy proceedings were opened against Georgios Kallivroussis. A civil lawsuit is pending between him and Bad Flüh AG. On February 3, 1981, the then-president of the board of directors of Bad Flüh AG, Blanka Maria Kallivroussis, acknowledged a claim by the debtor in the amount of CHF 1,050,000.--. This acknowledgment was subsequently revoked by the current president of the board of directors of Bad Flüh AG. A withdrawal of the lawsuit did not occur.
On April 24, 1982, the debtor requested the bankruptcy administration to collect the claim against Bad Flüh AG. The bankruptcy administration responded on May 4, 1982, that the decision to assert the claim was not theirs, but rather that of the 2nd creditors' meeting. The debtor appealed to the Cantonal Supervisory Authority for Debt Collection and Bankruptcy of the Canton of Solothurn. However, the appeal was rejected by decision of July 28, 1982.
With the present appeal to the Debt Collection and Bankruptcy Chamber of the Federal Court, the debtor requests that the decision of the cantonal supervisory authority be overturned and that the bankruptcy administration be instructed to collect the claim against Bad Flüh AG in favor of the bankruptcy estate.
Considerations
The Debt Collection and Bankruptcy Chamber considers that according to Art. 243 para. 1 DEBA, the bankruptcy administration must collect uncontested and due claims of the estate, if necessary by means of debt collection proceedings. According to doctrine and jurisprudence, the bankruptcy administration must initiate debt collection proceedings against all third-party debtors who, after a prior written request, have neither paid nor submitted an explicit objection.
In the present case, Bad Flüh AG acknowledged the claim of the bankruptcy estate in the pending civil lawsuit on February 3, 1981. However, this acknowledgment…