Facts
On April 1, 1965, Constructions Balency SA was declared bankrupt in Geneva. Aaron Freudman, former administrator and director of the company, requested the bankruptcy office to authorize him to consult the debtor's accounting records. The office refused, citing an imperative duty of discretion due to Freudman's significant role in the bankrupt company and the proceedings against him. Freudman filed a complaint against this decision, but the Supervisory Authority for Debt Collection and Bankruptcy Offices of the Canton of Geneva dismissed his complaint.
Freudman then appealed to the Federal Court, requesting that the bankruptcy office and the bankruptcy estate of Constructions Balency SA be ordered to make available to him the company's books, accounting records, and documents. The Federal Court upheld the appeal and ordered the bankruptcy office to allow Freudman to consult the requested documents.
Considerations
The Federal Court considered that, pursuant to art. 8 al. 2 DEBA, every creditor has the right to consult the records of the debt collection and bankruptcy office, as well as other documents held by the office, such as the debtor's accounting records and supporting documents. The refusal opposed to the creditor can only be justified by exceptional circumstances, such as reasons unrelated to the creditor's status, a vexatious request, or an imperative duty of discretion.
The Federal Court also considered that the fact that the bankruptcy administration rejected the claims produced by Freudman is not decisive, as Freudman timely introduced an action to contest the schedule of claims. The Federal Court also rejected the office's argument that the refusal was justified by an imperative duty of discretion, as it was not demonstrated that business secrets of the bankrupt company or a third party would be opposed to Freudman's right to consult the documents.
Finally, the Federal Court considered that practical…