Question juridique clé
Whether the set hourly rates for the extraordinary bankruptcy administrator and the creditors’ committee were an abuse of discretion under Art. 47 GebV SchKG.
Solution extraite
The cantonal authority did not abuse its discretion in setting the rates at CHF 280 for the administrator/partners, CHF 220 for employed lawyers and committee members, and CHF 90 for secretarial work.
Motifs extraits
Fee setting depends primarily on the difficulty and importance of the task, not on the professionals’ qualifications or market rates. Professional association tariffs may be considered but are not binding, and the challenged rates remained within the range accepted by federal practice and consistent with the social character of SchKG fees.