Bankruptcy estate
The bankruptcy is the at the opening of a bankruptcy is available assets of the insolvent. The term is only in Switzerland erischen Bankruptcy Law use, in Germany it is outdated.
Switzerland
In Swiss law, the bankruptcy estate refers to the totality of the still existing (attachable) assets of a debtor , which, in the event of bankruptcy , serves to satisfy the claims of the creditors on a pro-rata basis. How the bankruptcy estate is allocated, i.e. which creditor is served in what amount, is determined by the bankruptcy administration . This also represents the bankruptcy estate in court (Art. 240 DEBA ).
The composition of the bankruptcy estate follows in particular the provisions of Art. 197 ff. SchKG. The bankruptcy estate can be delimited in particular in terms of space, time and factual-personal aspects.
Germany
In the past, the term bankruptcy estate was also used in German law. When the Insolvency Code (InsO) came into force on January 1, 1999, however, the bankruptcy code of 1877 was replaced. Section 35 InsO now speaks of the bankruptcy estate. In contrast to the insolvency estate, which also includes the assets that were acquired during the bankruptcy proceedings , the bankruptcy estate only concerned the assets that belonged to the debtor at the time the bankruptcy was opened.
