Questione giuridica chiave
Whether the complaint against the collocation plan publication was filed within time
Decisione estratta
The complaint period began with the SHAB publication of the plan’s filing; the filing on 16 March 2006 was late.
Motivazione estratta
For complaints about defects in the preparation of the collocation plan, the ten-day period runs from public notice in the SHAB under Art. 35(1) SchKG, which prevails over the general rule of Art. 17(2) SchKG. The argument based on later actual knowledge was new and in any event legally incorrect.