Facts
In the debt collection proceedings initiated by the Interswiss Real Estate Fund, the Swissimmobil New Series Real Estate Fund, the Swissimmobil Series D Real Estate Fund, and the Swissimmobil 61 Real Estate Fund against Peter J. Hünerwadel, the Debt Collection Office in Binningen served the payment orders on the debtor on January 3, 1989. Peter J. Hünerwadel then filed a complaint with the cantonal supervisory authority, which dismissed the complaints on March 13, 1989. Hünerwadel then appealed to the Debt Collection and Bankruptcy Chamber of the Federal Supreme Court.
Considerations
The Debt Collection and Bankruptcy Chamber concluded that the appeal deadline had to be observed despite the delay, as the supervisory authority had only decided on the merits of the complaints and no debt collection action within the meaning of Art. 56 DEBA had taken place. Thus, the extension of the appeal deadline pursuant to Art. 63…