Question juridique clé
Whether the federal constitutional complaint should be discontinued after the bankruptcy claim was admitted and the estate declined to continue the proceedings.
Solution extraite
The proceeding was discontinued because the claim had been admitted in the bankruptcy proceedings, so the appeal could be struck off under Art. 32(2) BGG in conjunction with Art. 63(2) KOV.
Motifs extraits
The appellant's withdrawal was ineffective because he had lost standing to conduct the litigation after bankruptcy. Since the respondent's claim was admitted and collocated and the bankruptcy was closed, the appeal could be dismissed from the docket.