Key legal question
Whether the cantonal supervisory authority had jurisdiction over complaints against a liquidator and creditors' committee member in an out-of-court liquidation based on private agreement.
Extracted holding
No. Their position was governed only by private law, so supervisory complaint proceedings under the Debt Enforcement and Bankruptcy Act were unavailable.
Extracted reasoning
Because the liquidation was extra-judicial and the officials acted by virtue of a private arrangement, they were not public-law authorities subject to the supervisory complaints regime. Breaches had to be pursued by civil action. A private agreement cannot create administrative jurisdiction.