Legislator Case Law & Legislation
SK 06 117 • KG LU SK 06 117 AI generated

Member Reliance on Erroneous Bankruptcy Notice Governs Appeal Deadline

Case Number SK 06 117
Court / Authority
Jurisdiction Switzerland · Canton of Lucerne (CH-LU)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

In a cooperative bankruptcy proceeding, a member received a notice regarding their liability for supplementary payments which incorrectly informed them that the appeal period for challenging the distribution plan was ten days from its publication in the official gazette, rather than ten days from the receipt of the individual notice as stipulated by the relevant ordinance. The appellate court overturned the lower court's dismissal of the appeal due to untimeliness, reasoning that under the principle of legitimate expectation (Art. 9 BV), the unrepresented member was entitled to rely on the specific, albeit erroneous, procedural instructions provided by the authority, as the general reference to the governing ordinance was too vague to prompt a layperson to discover the error by consulting the law themselves.

Legislator headnote

AI generated

Art. 9 BV, Art. 4 aBV, Art. 11 VGeK; Member Reliance on Erroneous Bankruptcy Notice Governs Appeal Deadline: The appellate court overturned the lower court's dismissal of the appeal due to untimeliness, reasoning that under the principle of legitimate expectation (Art. 9 BV), the unrepresented member was entitled to rely on the specific, albeit erroneous, procedural instructions provided by the authority, as the general reference to the governing ordinance was too vague to prompt a layperson to discover the error by consulting the law themselves.

Keywords

AI generated
notice period deadline for payment bankruptcy official default of statutory deadline creditors' meeting third-party claim procedure in bankruptcy

Cited Legislation

AI generated

Cited Case Law

AI generated
BGE 124 I 258
AI generated

Key legal questions extracted by Legislator

AI generated
Art. 9 BV

The court based its decision to overturn the dismissal on the principle of protection of legitimate expectations derived from this article, due to a faulty instruction on the right to appeal.

Art. 11 VGeK

This article, concerning the deadline for challenging the distribution plan, was discussed in the context of establishing the correct deadline, although the decision ultimately favored the litigant based on Art. 9 BV.

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Full text

Rechtsprechung Luzern

Instanz: · Obergericht

Abteilung: · Schuldbetreibungs- und Konkurskommission

Rechtsgebiet: · Zivilprozessrecht

Entscheiddatum: · 16.11.2006

Fallnummer: · SK 06 117

LGVE: · 2007 I Nr. 39

Leitsatz: · Art. 9 BV. Fehlerhafte Rechtsmittelbelehrung einer Verfügung über die Nachschusspflicht im Genossenschaftskonkurs.

Rechtskraft: · Diese Entscheidung ist rechtskräftig.