Question juridique clé
Whether the bankruptcy office had a duty to request revocation of the bankruptcy after the composition agreement was approved and final.
Solution extraite
Yes. Once the composition agreement was approved and entered into legal force, the bankruptcy office was legally obliged to apply to the bankruptcy court for revocation.
Motifs extraits
The continuation of bankruptcy is incompatible with a valid composition agreement. Any arrangement about payment of dividends under the agreement did not alter the statutory duty, because the office's role in performance arose only from a private mandate and could not displace the legal obligation under Art. 317(3) SchKG. The debtor's alleged non-performance of the composition agreement was irrelevant to that duty; enforcement of the agreement belongs to the creditors, not the bankruptcy office.