Decision on the Determination of the Estimated Value of a Property to be Realised

Facts

The appellant [X.] was the debtor and mortgagee of a property that was to be realised by the Debt Collection Office of Ägerital in the context of debt collection proceedings. The Debt Collection Office had set the estimated value of the property at CHF 2,630,000. [X.] filed a complaint against this valuation with the cantonal supervisory authority for debt collection and bankruptcy (High Court of the Canton of Zug). The supervisory authority obtained a new valuation by another expert, who estimated the value at CHF 1,655,000. Finally, the supervisory authority set the estimated value for the realisation of the property at CHF 1,870,000.

Considerations

The DFC held that the supervisory authority is entitled, pursuant to Art. 9 para. 2 FSREO, to determine the relevant estimated value definitively after obtaining a new valuation. The DFC can only examine whether the procedure was observed and whether the supervisory authority exceeded or abused its discretion. The DFC did not see such a violation of law in the…