Facts
The complainant [X.] is the debtor and owner of the mortgage in a real estate realization procedure. The Debt Enforcement and Bankruptcy Office of Emmental-Oberaargau, Burgdorf branch, manages the property to be realized and requested the cantonal supervisory authority to issue an instruction pursuant to Art. 18 para. 2 FSREO to order an extraordinary administrative measure, as the residential building was infested with a fungus (house fungus). The cantonal supervisory authority instructed the debt enforcement office to obtain a supplement to the existing market value assessment of the property, to schedule the auction of the property as soon as possible, and to arrange for the remediation of the house fungus in the residential building of the property, involving the [D.] insurance company, as soon as possible.
The complainant filed a complaint in civil matters and requested the annulment of the decision of the cantonal supervisory authority and the instructions to the debt enforcement office. The complaint was granted suspensive effect by presidential decree of September 30, 2008.
Considerations
The Federal Court examined the admissibility of the complaint and found that the decisions of the cantonal supervisory authorities in debt enforcement and bankruptcy cases are subject to complaint in civil matters, regardless of the amount in dispute. The complaint is generally admissible, as the cantonal supervisory authority has made a decision that was assigned to it by federal law.
The Federal Court investigated the complaint of violation of the right to be heard and found that the complainant had not responded to the response of [Y.] of June 12, 2008, to the debt enforcement office and had not requested to…