Key legal question
Whether the bankrupt plaintiff retained litigation authority over a claim belonging to the bankruptcy estate after closure of bankruptcy proceedings.
Extracted holding
No. The plaintiff lost the power to conduct the lawsuit over an asset belonging to the bankruptcy estate; its own procedural acts could no longer be given effect.
Extracted reasoning
Under Art. 204 SchKG, disposal power passes to the bankruptcy administration. Even after bankruptcy closure, a later-discovered doubtful claim remaining in the estate is governed by Art. 269 SchKG, and the debtor regains authority only if the estate or creditors waive enforcement. That had not occurred.