Question juridique clé
Whether participation in the dividend from successful collocation litigation under Art. 250 SchKG requires conducting the action and is shared by all participating objecting creditors.
Solution extraite
Yes. The right to the process gain depends on carrying out the contestation action, and all creditors who participated in that action share the dividend proportionally.
Motifs extraits
Art. 250 SchKG links participation in the gain to the conduct of the challenge proceedings. Since the respondent had undisputedly participated, he could not be denied a share of the dividend.