Kernrechtsfrage
May a third party demand that the bankruptcy office set the assignee-creditors a deadline to bring the assigned action under Art. 260 SchKG?
Extrahierter Entscheid
No. Art. 260 SchKG gives no legal basis for a third party to compel the bankruptcy office to set such a deadline; at most, the estate may be entitled to do so in the interest of proper conduct of the bankruptcy.
Extrahierte Begründung
The appellants were not creditors in the bankruptcy and therefore lacked a legal interest to invoke arguments available to creditors. The office's function is to represent the creditors' interests, not to protect the opposing third party in a conflict with the assignee-creditors.