Questione giuridica chiave
Whether a civil appeal under § 300 ZPO may be combined in one filing with a complaint under Art. 17 SchKG.
Decisione estratta
No. Remedies that are heard by different chambers of the same Obergericht must be filed separately, and a SchKG complaint cannot be combined with a civil procedural appeal.
Motivazione estratta
The supervising authority for debt enforcement and bankruptcy and the civil chamber are separate chambers with different personnel. Because separate proceedings are conducted before them, mixed filings are impermissible. In addition, the parties are not the same in the two procedures; in SchKG complaint proceedings, the office that issued the challenged act is primarily the opposing party.