Facts
In a bankruptcy proceeding pending at the Bankruptcy Office R., the Debt Collection Office S. appointed by the Bankruptcy Office of the Canton of Thurgau conducted the auction of the property No. ... in S. on January 30, 1991 as an act of legal assistance. The property was awarded to X. AG at a price of CHF 961,000, with N.Y. bidding on its behalf.
After the Debt Collection Office S. subsequently learned that X. AG had been in bankruptcy since May 5, 1986, it declared the auction surcharge null and void by order dated February 7, 1991. Upholding the appeal filed by X. AG and N.Y. against this, the Appeals Commission of the High Court of the Canton of Thurgau decided on March 28, 1991 to revoke the order of the Debt Collection Office dated February 7, 1991.
By submission dated June 24, 1991, the Bankruptcy Office of the Canton of Thurgau has, among other things, appealed against the decision of the cantonal supervisory authority of March 28, 1991 to the Debt Collection and Bankruptcy Chamber of the Federal Supreme Court. It requests that the mentioned decision be overturned and that the award of the property No. ..., Land Register S., of January 30, 1991 to X. AG be declared null and void.
Considerations
The Federal Supreme Court takes up the appeal, as the Bankruptcy Office of the Canton of Thurgau claims that the disputed auction surcharge is null and void. In case of nullity, the Debt Collection and Bankruptcy Chamber must intervene ex officio at any time, regardless of compliance with the appeal deadline.
The Federal Supreme Court states that X. AG was still in bankruptcy at the time of the…