Key legal question
Whether the federal complaint against the cantonal supervisory decision was admissible in light of the new factual allegations and the challenge to the Art. 107/108 SchKG allocation.
Extracted holding
The complaint could not be examined because the appellants relied on new facts contradicting the cantonal findings, which are binding in federal complaint proceedings.
Extracted reasoning
The court held that the determination whether the third party or the debtor is more likely entitled to the claim is based on a summary assessment by the debt collection office and is only reviewable within the limits of Art. 17 ff. SchKG. The appellants' version concerned the contract formation and was new within the meaning of Art. 79 para. 1 OG, thus inadmissible.