Key legal question
Whether the appointment of a composition administrator by the composition authority can be challenged by complaint under Art. 17 SchKG to the cantonal supervisory authority.
Extracted holding
No. The appointment is a decision of the composition authority and is not subject to complaint under Art. 17 SchKG before the supervisory authority over debt enforcement and bankruptcy.
Extracted reasoning
Under Art. 295 SchKG, the composition authority itself appoints the administrator. Decisions of the composition authority are not complaints within the meaning of Art. 17 SchKG to the supervisory authority. Any reference in the literature to a complaint against an unsuitable administrator concerns only recourse to the higher composition authority, not supervisory review.