Question juridique clé
Whether a missed deadline set by the liquidator for assignment requests may be restored after an excusable obstacle.
Solution extraite
Yes. The supervisory authority held that restoration is possible by analogy to Art. 35 OG and that this also applies to a liquidator-set deadline for assignment requests under Art. 260 SchKG.
Motifs extraits
Although SchKG expressly provides restoration only in limited cases, the court relied on newer case law recognizing restoration of missed complaint and appeal deadlines by analogy to Art. 35 OG as a general procedural principle. That principle is not confined to supervisory complaints; it may extend to other statutory and administrative deadlines. Refusing restoration here would amount to excessive formalism and would unjustifiably deprive creditors of the assignment right despite a non-fault obstacle.