Key legal question
Whether the complaint against the office’s time-limit order for a third-party action under Art. 109 SchKG was justified after an assignment under Art. 131 SchKG had already been made.
Extracted holding
Because the enforcement had already been completed by assignment under Art. 131(1) SchKG, no third-party objection procedure could still be initiated; the time-limit order had to be annulled.
Extracted reasoning
The prior assignment replaced the planned auction sale and transferred the debtor’s attachable claim. If the attachment procedure was valid, enforcement was finished and a later third-party claim could not suspend it. The office’s deadline order therefore lacked a legal basis.