Claims arising from contracts of surety entered into by the debtor may be asserted in bankruptcy, even if they are not yet due.
The bankruptcy estate is subrogated to the creditor's rights as against the principal debtor and any co-sureties in respect of the amount that it pays (Art. 507 CO1). However, if bankruptcy proceedings are also instituted against the principal debtor or a co-surety, Articles 216 and 217 apply.2