Question juridique clé
Whether the complaint against the collocation plan publication was filed within time
Solution extraite
The complaint period began with the SHAB publication of the plan’s filing; the filing on 16 March 2006 was late.
Motifs extraits
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.