Kernrechtsfrage
Whether the creditor had a legally protected interest to bring a separate claim for reimbursement of bankruptcy costs after the bankruptcy was suspended for lack of assets.
Extrahierter Entscheid
Yes. The creditor may choose to assert the previously advanced bankruptcy costs either as ancillary enforcement costs in a later seizure enforcement or as a separate claim; if the debtor objects to the separate claim, a judgment on the merits is necessary.
Extrahierte Begründung
Although bankruptcy costs are normally borne in principle by the debtor and are first covered from the bankruptcy estate, the absence of assets means they remain with the creditor who advanced them. The fact that they can later be added as enforcement costs under Art. 68 SchKG does not exclude independent enforcement or a standalone action.