Question juridique clé
Whether the surveillance authority could order deletion of the sequestration annotation after the debtor's bankruptcy.
Solution extraite
No. The surveillance authority exceeded its competence because the question of whether the benefit of the revocation judgment belongs to the estate or to the individual creditor must be decided by the civil court in revendication proceedings.
Motifs extraits
The bankruptcy administration and the civil judge have distinct roles. Inclusion of a disputed asset or right in the inventory does not finally determine ownership. The same applies to the benefit of a prior revocation judgment; the superior right must be resolved by the ordinary court under Art. 242 LP.