Art. 21 Assets due, bankruptcy estate and contestation
1Claims falling due to the bankruptcy assets are collected by the bankruptcy liquidator, through debt enforcement if necessary. 2The bankruptcy liquidator shall check claims on the part of the bankruptcy assets for movable assets in the custody or co-custody of a third party or land entered in the Land Register in the name of a third party. 3He or she shall also check if legal transactions under Articles 285 to 292 DEBA1 may be contested. The duration of any prior restructuring proceedings or any prior order for protective measures under Article 26 paragraph 1 letters e-h BankA are not taken into account in the deadlines under Articles 286 to 288 DEBA. 4If the bankruptcy liquidator intends to pursue a contested claim in accordance with paragraph 2 or 3 through the actions process, he or she shall obtain approval and appropriate instructions from FINMA. 5If the bankruptcy liquidator does not file a claim, he or she shall give the creditors the opportunity to demand assignment within the meaning of Article 260 paragraphs 1 and 2 DEBA or to realise the claims in question and any other entitlements under Article 31. 6If he or she gives the creditors the opportunity to demand assignment, he or she shall set them an appropriate deadline. 7Realisation in accordance with Article 31 is not permitted in the case of contested claims under paragraph 3 or responsibility claims under Article 39 BankA. |