Complaint against decision of the cantonal supervisory authority in debt collection and bankruptcy matters

Facts

The present case concerns a civil law complaint against a decision of the cantonal supervisory authority in debt collection and bankruptcy matters. The appellant X. has filed a complaint against the decision of the cantonal supervisory authority with the Federal Supreme Court.

The contested decision was issued after the entry into force of the Federal Act on the Federal Supreme Court (BGG), so the new law must be applied. Decisions in debt collection and bankruptcy matters are subject to a civil law complaint pursuant to Art. 72 para. 2 lit. a BGG in conjunction with Art. 19 SchKG.

The complaint is admissible against final decisions of the last cantonal instances pursuant to Art. 75 para. 1 BGG. Complaint decisions of the cantonal supervisory authorities regarding orders of the debt collection and bankruptcy office pursuant to Art. 17 SchKG are such final decisions, as these orders can generally no longer be challenged in the ongoing enforcement proceedings.

Considerations

The complaint can in particular allege a violation of federal law, international law and cantonal constitutional rights (Art. 95 BGG). The establishment of the facts can only be challenged if it is manifestly incorrect or based on a violation of the law within the meaning of Art. 95 BGG and the remedying of the defect can be decisive for the outcome of the proceedings (Art. 97 para. 1 BGG).

The complaint…