Facts
B. and A. AG are collocation creditors in the bankruptcy proceedings of C. AG. The collocation schedule was publicly displayed from March 17, 2020 to April 6, 2020. On May 4, 2020, B. filed a collocation claim against A. AG with the District Court of Münchwilen. The proceedings were limited to the question of the timeliness of the filing of the claim. By decision of February 4, 2021, the District Court did not enter into the claim due to tardiness.
B. appealed this decision to the High Court of the Canton of Thurgau. By decision of August 11, 2021, the High Court upheld the appeal, set aside the contested decision, and remanded the matter to the District Court for substantive examination.
A. AG has filed an appeal in civil matters against this decision with the Federal Supreme Court. It demands that the contested decision be set aside and that B.'s claim not be entered into.
Considerations
The Federal Supreme Court dismisses the appeal.
The deadline for filing a collocation claim under Art. 250 para. 2 DEBA is twenty days after the public display of the collocation schedule. The deadline began to run on March 18, 2020. The claim of May 4, 2020 would have been late if the respondent had not been entitled to an extension of the deadline.
The Federal Supreme Court holds that the court vacations according to Art. 145 para. 1 CPC apply to the filing of the collocation claim under Art. 250 DEBA. Art. 145 para. 4 CPC,…