Facts
In the bankruptcy of K., the second creditors' meeting decided on 11 November 1983 to waive the publication of the auction of the two condominium apartments in Samedan in the Bündner Tagblatt and the Bündner Zeitung. On appeal by the school district of N., the cantonal supervisory authority of the canton of St. Gallen annulled this decision on 9 January 1984. K. appealed against this decision to the Debt Enforcement and Bankruptcy Chamber of the Federal Supreme Court, essentially requesting confirmation of the decision of the second creditors' meeting.Considerations
The Debt Enforcement and Bankruptcy Chamber of the Federal Supreme Court dismissed the appeal. It considered that the decision of the second creditors' meeting to waive publication of the auction in the two most widely circulated newspapers in the canton of Graubünden violated Arts. 259 and 134 DEBA. The publication provided for in Art. 138 DEBA aims to reach the largest possible number of potential interested parties. A publication that is not adapted to this objective is contrary to the law, even if Art. 134 DEBA does not expressly regulate the form of publication.
The Chamber also considered that the second creditors' meeting had abused its power by taking into account circumstances that, according to…