Facts
The M. Machine Factory has pursued the debtor S. in debt collection proceedings No. 1278 of the Debt Collection Office O. The Debt Collection Office N. was entrusted with the realization of the property belonging to the debtor and ordered its auction. Mrs. B. then reported a claim in the total amount of CHF 71,223.87, based on a bearer bond in the third rank dated March 13, 1984, as well as interest and default interest since 1984. The Debt Collection Office N. included this claim in the schedule of encumbrances, whereupon the M. Machine Factory disputed Mrs. B.'s lien.
The Debt Collection Office N. set a deadline for the M. Machine Factory to file a lawsuit to deny the claim of Mrs. B. included in the schedule of encumbrances. The M. Machine Factory then filed a complaint with the supervisory authority in debt collection and bankruptcy matters for the canton of Bern, which revoked the decision of the Debt Collection Office N. The M. Machine Factory filed an appeal against this decision with the Debt Collection and Bankruptcy Chamber of the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that the debt collection office is not authorized to examine whether the person claiming to be the holder of a bond is actually entitled to it on the merits. The schedule of encumbrances is based on the land register extract and the information provided by the debtor, so the debt collection office was not allowed to refuse to include the bond registered in the land register in the schedule of encumbrances.
Only the deletion…