Facts
In a mortgage foreclosure procedure, the property Hotel Astoria was auctioned. The debt collection office set a time limit for W. Hasler to file a claim against the creditor status of Dr. J. Ackermann and Hans Gerber, as they claimed various second-rank mortgage deeds.
W. Hasler complained against this time limit setting to the cantonal supervisory authority, as he himself was registered in the land register as a creditor of a mortgage deed. The supervisory authority dismissed the complaint, whereupon W. Hasler filed an appeal to the Federal Supreme Court.
Considerations
The Federal Supreme Court rules that the time limit setting was unjustified. While the use of official forms in the debt collection procedure is only a procedural requirement, so that the order of May 9, 1961 was legally effective. However, the dispute does not concern the existence or rank of the mortgage rights, but only the person of the creditor.
Such a dispute over the creditor status does not belong in the debt restructuring procedure. The debt…