Facts
On 30 November 1993, the Higher Court of the Canton of Zurich dismissed the complaint filed by B. Immobilien AG against the decision of the District Court. The decision was notified to B. Immobilien AG on 2 December 1993, but it was not collected. The Higher Court therefore repeated the notification on 17 December 1993. B. Immobilien AG finally took note of the decision on 27 December 1993.
The Chamber of Bankruptcy and Forfeiture of the Federal Court was seized of an appeal by B. Immobilien AG on 6 January 1994. However, the Chamber decided not to consider the appeal.
Considerations
The decision of the cantonal supervisory authority may be brought before the Chamber of Bankruptcy and Forfeiture of the Federal Court within ten days of its notification. The appeal must be filed with the cantonal supervisory authority (art. 19 al. 1 DEBA and art. 78 al. 1 OG).
Federal law determines how the prosecution authorities must communicate with the parties (art. 34, art. 35, art. 64 to 66 SchKG). Cantonal law determines the form in which a decision of the cantonal supervisory authority must be notified to the parties. The question of when this notification is considered to be made for the purposes of calculating the appeal period is a matter of federal law (ATF 97 III 7, consid. 1, p. 9).
In this case, B. Immobilien AG was informed of the decision of the Higher Court on 2 December 1993, but it was not collected. The Chamber of Bankruptcy and Forfeiture of the Federal Court considered…