Law on Appeal Procedure in Enforcement and Bankruptcy Matters (LPA) (LPR)

1 This Act applies to federal debt enforcement proceedings that have resulted in a measure taken by an enforcement and bankruptcy authority.

2 Enforcement and bankruptcy authorities include in particular

a) the debt enforcement office and the bankruptcy office; [2]

b) the meeting of creditors in bankruptcy and composition proceedings;

c) the special bankruptcy administration;

d) the composition commissioner;

e) the liquidator in composition proceedings with assignment of assets;

f) ... [3]

[2] Lit. amended by Act of 12.3.1997; in force since 6.6.1997 - BBl 1997, 274.

[3] Lit. repealed by Act of 12.3.1997; in force since 6.6.1997 - BBl 1997, 274.

The law governs appeals: [4]

a) against any decision contrary to the Federal Act on Debt Enforcement and Bankruptcy;

b) against any inappropriate decision;

c) for denial or delay of justice.

[4] Sentence amended by Federal Act of 12.3.1997; in force since 6.6.1997 – FF 1997, 274.

[5] The Debt Enforcement and Bankruptcy Chamber of the Court of Appeal (CEB), as supervisory authority, is competent to handle the appeal.

[5] Art. amended by L 12.3.1997; in force since 6.6.1997 - RO 1997, 274.

1 The incompetent cantonal authority shall ex officio forward the documents to the competent authority and notify the appellant thereof. [6]

2 Deadlines shall be deemed observed if they were met when the act was submitted to the incompetent authority.

Supplementary law and recusal [7]

[6] Para. amended by the Law of 12.3.1997; in force since 6.6.1997 - BU 1997, 274.

[7] Marginal note amended by the Law of 12.3.1997; in force since 6.6.1997 - BU 1997, 274.

1 In all cases for which this Law contains no special provisions on procedure, the Administrative Procedure Law of 24 September 2013 shall apply. [8]

2 Recusal is governed by Article 10 of the Law of 11 April 1889 on Debt Enforcement and Bankruptcy. [9]

Register of Appeals [10]

[8] Para. amended by L 24.9.2013; in force since 1.3.2014 - BO 2013, 481.

[9] Para. amended by L 24.6.2010; in force since 1.1.2011 - BO 2010, 320; previous amendment: BO 1997, 274.

[10] Marginal note amended by L 12.3.1997; in force since 6.6.1997 - BO 1997, 274.

[11] The debt enforcement office and the bankruptcy office maintain a specific register of legal remedies, updated with relevant procedural facts.

[11] Art. amended by the Federal Act of 12.3.1997; in force since 6.6.1997 - FF 1997, 274.

1 The appeal must be submitted in writing to the debt enforcement and bankruptcy office that issued the challenged decision, in as many copies as there are interested parties plus two (one for the office and one for the supervisory authority). [13]

2 It must be drafted in Italian, signed by the party or their representative; in the latter case, the power of attorney must be attached.

3 The document must indicate

a) the requests;

b) the grounds, even if summary;

c) the means of proof.

4 The following must be produced

a) the challenged decision;

b) the demand for payment envelope or other means to prove the date of service;

c) the means of proof already available.

5 If the signature of a party or of an authorized representative, or the related power of attorney, or the prescribed pleadings and attachments are missing, or if the documents are incomplete or not drafted in Italian, a peremptory deadline, not exceeding the appeal period, will be set to remedy the deficiencies, with the warning that otherwise the document will not be taken into consideration and the appeal will be declared inadmissible. [14]

6 Illegible, inappropriate, or prolix documents are returned to the interested party, with an invitation to resubmit them and with the warning referred to in para. 5.

[13] Para. amended by Law of 12.3.1997; in force since 6.6.1997 - BU 1997, 274.

[14] Para. amended by Law of 12.3.1997; in force since 6.6.1997 - BU 1997, 274.

[15] 1 The appeal must be filed within ten days from the day on which the appellant was notified of the decision.

2 In summary proceedings based on bills of exchange and when federal law so provides, the time limit is reduced to five days.

3 The appeal, like any other procedural act, must reach the competent authority, or have been delivered to the Swiss PTT or to a Swiss diplomatic or consular representation abroad, no later than the last day of the time limit.

4 An appeal for denial or delay of justice is admissible at any time.

[15] Art. amended by L 12.3.1997; in force since 6.6.1997 - BU 1997, 274.

[16] **1** The debt enforcement and bankruptcy office immediately transmits a copy of the appeal to the supervisory authority for information, even if it does not comply with procedural forms.

**2** The supervisory authority, upon receiving an appeal, may declare it inadmissible without further investigative acts if it is unfounded or frivolous.

**3** The debt enforcement and bankruptcy office sets a deadline for the interested parties, not exceeding the appeal period, to submit their observations.

**4** The formalities of Art. 7 apply to the observations: they must be notified to the interested parties by the debt enforcement and bankruptcy office.

**5** Once the parties have submitted their observations or the deadline for producing them has expired, the file, along with the observations of the debt enforcement and bankruptcy office, is transmitted to the supervisory authority within a period equal to the appeal period.

[16] Art. amended by L 12.3.1997; in force since 6.6.1997 - BU 1997, 274.

[17] 1 If a request for suspensive effect is made with the appeal, the debt enforcement and bankruptcy office immediately transmits the appeal, along with the complete file and its opinion on the suspensive effect, to the supervisory authority.

2 Once a decision on the suspensive effect has been made by presidential order, the supervisory authority returns the file to the debt enforcement and bankruptcy office for preliminary investigation.

3 The president of the supervisory authority has the power to grant suspensive effect even if not requested.

[17] Art. modified by Law of 12.3.1997; in force since 6.6.1997 - BU 1997, 274.

[18] **1 The appeal has a devolutive effect.**

**2 Within the period set by Art. 9 para. 5 for the submission of observations, the enforcement and bankruptcy authority is still entitled to annul or modify the decision, after notifying a new decision to the interested parties and the supervisory authority: in such a case, the right to a new appeal must be expressly mentioned.**

[18] Art. amended by Law of 12.3.1997; in force since 6.6.1997 - BU 1997, 274.

[19] The president of the supervisory authority may order a further exchange of written submissions or summon the interested parties and the debt collection and bankruptcy office to a hearing.

[19] Art. amended by Act of 12.3.1997; in force since 6.6.1997 - BU 1997, 274.

As holidays, those established by the Federal Law on Debt Enforcement and Bankruptcy are valid.

1 All notifications are subject to the corresponding provisions of civil procedure (Arts. 120 to 126 CPC), with the exception of the provisions relating to the Federal Act on Debt Enforcement and Bankruptcy.

2 Registered mail is the usual means of notification.

3 Once proceedings have commenced, the plaintiff and other interested parties must be prepared to receive notifications of related documents. [20]

[20] Para. amended by Law of 12.3.1997; in force since 6.6.1997 - BU 1997, 274.

Procedural representation is recognized

a) for those holding legal representation;

b) for lawyers admitted to practice independently in the Canton and their trainees;

c) for trustees with cantonal authorization.

… [21]

[21] Article repealed by L 3.6.2002; in force from 30.7.2002 – OG 2002, 221; introduced by L 12.3.1997 – OG 1997, 274.

[22] 1 The appeal procedure, as well as the revision and interpretation procedures, are free of charge.

2 A party or its representative who acts recklessly or in bad faith may be fined up to 1,500 francs, and ordered to pay a court fee according to Art. 30 of the Law on Court Tariffs and Costs.

[22] Art. amended by L 12.3.1997; in force since 6.6.1997 - BU 1997, 274.

[23] In appeal, revision and interpretation proceedings, no indemnity shall be granted to the parties.

[23] Art. amended by Law of 12.3.1997; in force since 6.6.1997 - BU 1997, 274.

The allowances for witnesses and experts are those provided for by the law on judicial fees.

1 The supervisory authority ascertains the facts ex officio, is not bound by the parties' requests for evidence, evaluates the evidence according to its free conviction, and applies the law ex officio.

2 The parties are obliged to present all documents and to indicate all means of evidence relevant for the assessment of the case.

3 Minutes must be kept of the evidentiary discussions and the taking of evidence, which must be conducted contradictorily.

4 The procedural conduct of the parties must be taken into account, for example, the refusal to comply with a personal summons, to answer questions posed, or to produce the requested means of evidence.

1 The truth of a fact is established in court by means of

a) the admission of the parties;

b) documents;

c) witnesses;

d) inspection;

e) expert opinions;

f) the formal interrogation of the parties.

2 The corresponding provisions of civil procedure apply to the modalities of taking evidence.

3 The supervisory authority, under its own responsibility, may entrust any investigative act, including the hearing of witnesses, to the official serving as secretary, as well as to the officer and substitute of the execution and bankruptcy office with territorial jurisdiction, provided that they are not a party to the proceedings. [24]

[24] Para. amended by Law of 12.3.1997; in force since 6.6.1997 - BU 1997, 274.

1 The judgments of the Supervisory Authority are pronounced in the name of the Republic and Canton of Ticino.

2 Under penalty of nullity, they must contain

a) the place, day, month, and year in which they were pronounced;

b) the indication of the names of the judges who took part in the decision, as well as the secretary;

c) the indication of the parties and their representatives or legal counsel;

d) the prayers for relief;

e) the statement of the factual and legal grounds;

f) the operative part;

g) the signature of the president and the secretary, as well as the official seal.

3 The judgment must expressly indicate that it may be challenged, within ten days from notification, or five days in cases of bill of exchange enforcement, by way of the ordinary legal remedy of an appeal to the Federal Supreme Court for violation of federal law or international treaties concluded by the Confederation, as well as for excess or abuse in the exercise of discretion. [26]

4 The judgment admitting the appeal may reform the challenged measure or annul it with a remand to the enforcement and bankruptcy body for a new decision as per the recitals. [27]

b) prohibition of *reformatio in peius* [28]

[26] Para. amended by L 12.3.1997; in force since 6.6.1997 - BU 1997, 274.

[27] Para. introduced by L 12.3.1997; in force since 6.6.1997 - BU 1997, 274.

[28] Marginal note amended by L 12.3.1997; in force since 6.6.1997 - BU 1997, 274.

[29] The judgment of the supervisory authority may not go beyond the conclusions of the parties, except in the case of nullity of the measure subject to appeal.

c) notification [30]

[29] Art. amended by L 12.3.1997; in force since 6.6.1997 - BU 1997, 274.

[30] Marginal note amended by L 12.3.1997; in force since 6.6.1997 - BU 1997, 274.

The chancery proceeds within ten days, reduced to five in bill of exchange enforcement, to the notification of copies to the interested parties and to the debt enforcement and bankruptcy office.

d) Enforceability [31]

[31] Marginal note modified by L 12.3.1997; in force since 6.6.1997 - BO 1997, 274.

1. Decisions of the Supervisory Authority are enforceable from the day following their notification.

2. The suspensive effect of Article 36 of the Federal Act on Debt Enforcement and Bankruptcy is reserved.

[32] Decisions relating to Art. 7 paras. 5 and 6, 10 paras. 2 and 3, 12 of this Law, as well as to any interlocutory procedural act, shall be made by orders.

[32] Art. introduced by L 12.3.1997; in force since 6.6.1997 - BU 1997, 274.

[34] 1 The supervisory authority, having heard the parties, strikes the appeal from the register if a dispute has become moot or lacks legal interest.

2 The lack of interest is presumed if no procedural act has occurred for one year: in such a case, the striking from the register is ordered ex officio without an adversarial hearing. The time limit does not run when the parties are awaiting the pronouncement of the judgment.

3 The restitution of the time limit (Art. 33 para. 4 DEBA) remains reserved.

[34] Art. introduced by the Act of 12.3.1997; in force since 6.6.1997 - OS 1997, 274.

[35] 1 The withdrawal by the appellant, the acquiescence of the interested counterparty, and the settlement terminate the dispute and have the force of res judicata.

2 The supervisory authority takes note of this to the parties and removes the appeal from the register.

[35] Art. introduced by L 12.3.1997; in force since 6.6.1997 - BU 1997, 274.

The remedies at law are

a) review;

b) interpretation.

[36] Against the decisions of the supervisory authority, the remedy of revision is available

a) if the authority has inadvertently failed to consider relevant facts appearing in the records or if the decision contains contradictory provisions;

b) if a party alleges and proves relevant facts not appearing in the records which determine the nullity of the execution or of the measure;

c) if a party has not been heard.

[36] Art. amended by Law of 12.3.1997; in force from 6.6.1997 - BU 1997, 274.

1. The application for revision must be submitted in writing and in Italian, in as many copies as there are interested parties, plus two.

2. The document must contain

a) the indication of the Supervisory Authority to which the document is addressed;

b) the exact indication of the parties and their domicile;

c) the precise indication of the points of the judgment for which revision is requested;

d) the requests;

e) the grounds;

f) the indication of the facts and means of proof, in the hypothesis of Article 26 letter b);

g) the signature of the applicant for revision or their representative.

3. The following must be produced

a) the challenged judgment;

b) the notification envelope or other means to prove the date of service;

c) the means of proof, in the hypothesis of Article 26 letter b).

4. The application for revision is void if it lacks the formalities referred to in paragraph 2 letters d), e), g) of this article, as well as those of paragraph 2 letter f) in the hypothesis of Article 26 letter b).

1 Request for Review

A request for review of a judgment must be submitted within ten days of its notification to the supervisory authority that rendered the decision.

**2 Notification to Parties**

The request must be notified to the parties, who may submit their observations within a period of ten days.

**3 Bills of Exchange Enforcement**

In the enforcement of bills of exchange, the deadline is reduced to five days.

[37] 1 A request for revision has suspensive effect only by order of the President of the supervisory authority.

2 The supervisory authority that grants the request for revision shall annul, in whole or in part, the challenged judgment and rule anew on the dispute.

3 Having decided the appeal is not a ground for recusation.

[37] Art. amended by L 12.3.1997; in force since 6.6.1997 - BU 1997, 274.

[38] If a decision of the supervisory authority contains ambiguous or obscure provisions, or if they contain drafting or calculation errors, the authority shall interpret or rectify them.

[38] Art. amended by L 12.3.1997; in force since 6.6.1997 - BU 1997, 274.

1 The application for interpretation must be submitted in writing and in Italian, in as many copies as there are interested parties, plus two.

2 The application must contain, under penalty of nullity

a) a precise indication of the points of the judgment for which interpretation is sought;

b) the grounds;

c) the signature of the party requesting the interpretation or their representative.

1. A request for interpretation of a judgment must be submitted within ten days of its notification to the Supervisory Authority that rendered the decision.

2. The request may be notified to the parties, who may submit their observations within a period of ten days.

3. In bill of exchange executions, the term is reduced to five days.

1. The request for interpretation has a suspensive effect only by order of the president of the supervisory authority. [39]

2. The supervisory authority that finds the request for interpretation justified removes the ambiguity or obscurity of the judgment's operative provisions, without changing its substance, and corrects simple drafting or calculation errors.

[39] Para. amended by Law of 12.3.1997; in force since 6.6.1997 - BO 1997, 274.

[40] 1 The provisions of this law apply to claims introduced after its entry into force.

2 The legal remedies of this law apply to decisions issued by the supervisory authority after its entry into force.

[40] Cf. O on the appeal procedure concerning enforcement and bankruptcies of 11.10.1946 - BU 1946, 104.

[41] The amendments of 12 March 1997 to the procedural provisions apply from their entry into force to ongoing proceedings, insofar as they are compatible therewith.

[41] Article introduced by Law 12.3.1997; in force since 6.6.1997 - BU 1997, 274.

1 Subject to Art. 34, the Ordinance on the appeals procedure in debt enforcement and bankruptcy of 11 October 1946 is repealed.

2 Para. 3 of Art. 12 of the Cantonal Implementing Act to the Federal Act on Debt Enforcement and Bankruptcy of 8 March 1911 is repealed.

1 Once the deadlines for exercising the right of referendum have expired, this law shall be published in the Official Bulletin of Laws and Executive Acts.

2 The Council of State shall establish its entry into force. [42]

Published in OB 1992, 225.

[42] Entry into force: October 1, 1992 - OB 1992, 225.