Facts
On January 20, 1993, F. W. was served the bankruptcy notice in debt collection case no. ... at the debt collection office. The District Court Presidency as the lower supervisory authority and the St. Gallen Cantonal Court as the upper cantonal supervisory authority for debt collection and bankruptcy dismissed the complaint filed by F. W. against this.
F. W. then filed an appeal with the Debt Collection and Bankruptcy Chamber of the Federal Supreme Court. He requested the annulment of the decision of the upper cantonal supervisory authority and the determination that the bankruptcy notice served on him was null and void and should be revoked.
Considerations
The cantonal supervisory authority had considered the debt collection office X. as competent, since the appellant could not prove a domicile in Switzerland or abroad at the time of service of the bankruptcy notice, but had stayed at his former place of residence X.
According to Art. 46 DEBA, the debtor must be pursued at his Swiss domicile. If the debtor abandons his previous domicile in Switzerland without establishing a new one anywhere, he may be sued at a special place of debt collection (Art. 48 et seq. DEBA).
In this case, the appellant could not establish a new domicile either in Spain or in Switzerland. Debtors who have…