Questione giuridica chiave
Whether the cantonal supervisory authority could review a distribution list prepared by the bankruptcy office under a confirmed composition agreement.
Decisione estratta
No. The liquidation stemmed from a private-law mandate contained in the composition agreement, so the supervisory authorities lacked competence to review it.
Motivazione estratta
After confirmation of the composition agreement, the bankruptcy office no longer acted in exercise of its public-law duties but merely executed a contractual mandate from the creditors. Supervisory authorities may review only acts issued under public authority, not measures taken under a special private-law mandate, even if the liquidation was to follow bankruptcy rules by agreement.