Kernrechtsfrage
Whether the bankruptcy office needed to convene or consult creditors before filing the estate action in summary bankruptcy.
Extrahierter Entscheid
No. Under Art. 231(3)(1) SchKG, creditor consultation in summary bankruptcy is exceptional; it was not required here because the office was filing an action on behalf of the estate, and the claim was not shown to be doubtful.
Extrahierte Begründung
Summary bankruptcy is designed to be simple, swift, informal, and cost-saving. The exception for creditor consultation applies only when special circumstances make it desirable. The rule requiring creditor approval for abandoning doubtful claims under Art. 260 SchKG does not apply to the initiation of a lawsuit. The appellant's factual objection about litigation reserves could not be considered because it was not established in the record.