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Art. 28 Claims subject to proceedings under civil and administrative law
1Claims that are already the subject of proceedings under civil or administrative law at the time the bankruptcy proceedings are opened in Switzerland must initially be marked in the schedule of claims pro memoria. 2If the bankruptcy liquidator opts not to continue the proceedings under civil and administrative law, he or she shall give the creditors the opportunity to demand assignment in accordance with Article 260 paragraph 1 DEBA1. 3Unless proceedings under civil and administrative law are continued by the bankruptcy assets or by individual assignee creditors, the claim is deemed to be recognised, and the creditors no longer have any right to contest it via an action to contest the schedule of claims. 4Where proceedings are continued by individual assignee creditors, the amount by which the success of these proceedings reduces the subordinated creditors’ share of the bankruptcy assets serves to satisfy the assignee creditors up to the full coverage of their collocated claims as well as the cost of the proceedings. Any surplus accrues to the bankruptcy assets. |