Facts
The Betreibungsamt S. conducted the auction on 10 December 1992 of the property belonging to F. within the framework of the real estate lien realisation procedure no. 32/1991. The auction was adjudicated in favour of the Schweizerische Kreditanstalt for an amount of Fr. .... F. appealed against this decision to the Cantonal Tribunal X. as the supervisory authority in debt collection and bankruptcy matters, which dismissed his complaint on 13 January 1993. F. then appealed to the Debt Collection and Bankruptcy Chamber of the Federal Tribunal, requesting the annulment of the contested decision and the granting of suspensive effect to his appeal.Considerations
The Court considered that the preparatory procedure for the auction had been conducted in a regular manner. Although the sale originally scheduled for 3 September 1992 had to be postponed at the request of the appellant who had requested a new appraisal, the publication of the new date of 10 December 1992 was made on 27 November 1992 in the official gazette of canton X.
The law does not impose a minimum deadline for the publication of the new date of the auction in the event of a postponement. Although creditors and the debtor…