Facts
Upon the request of Bank Y., a compulsory auction of the property owned by K.N. took place on May 13, 1994 in X. K.N. filed a complaint on May 24, 1994 requesting the annulment of the auction and the resumption of the proceedings from the publication stage. The President of the District Court of the March rejected the complaint on October 7, 1994. On appeal by K.N., the Cantonal Court of the Canton of Schwyz, as the superior supervisory authority for debt enforcement and bankruptcy, annulled the decision of the President of the District Court on February 13, 1995 on the issue of costs and dismissed the appeal for the rest. By way of an appeal memorandum dated March 13, 1995 addressed to the Debt Enforcement and Bankruptcy Chamber of the Federal Supreme Court, the appellant primarily requests the annulment of the auction and the resumption of the debt enforcement proceedings from the publication stage.Considerations
The Court examines the appellant's grievances regarding the preparation of the auction of the property. First, the appellant alleges that the superior supervisory authority violated federal law because the 10-day deadline for the renewal of the publication under Art. 29(4) DEBA was not respected and this measure took place during the debt enforcement holidays.
The Court considers that the first publication of the auction pursuant to Art. 138 DEBA is an act of debt enforcement, while the second publication provided for in Art. 29(4) DEBA is a notice to creditors in which the debtor has no interest to contest the modalities. The appellant cannot therefore complain about the non-compliance with the 10-day deadline or the fact that this second publication took place during the…