Facts
The case concerns a wage assignment made by B.P. in favor of F. Treuhand before the opening of bankruptcy proceedings on August 7, 1987. After the opening of bankruptcy proceedings, F. Treuhand pursued the enforcement of the wage assignment for August 1987 against B.P.'s employer, W. AG. The debt collection office in Arbon thereupon suspended the enforcement of the wage assignment until the conclusion of the bankruptcy proceedings and instructed F. Treuhand to file its claim in the bankruptcy.
F. Treuhand filed a complaint against this decision of the debt collection office, which was dismissed by the cantonal supervisory authority. F. Treuhand then appealed to the Federal Supreme Court.
Considerations
The Federal Supreme Court overturned the contested decision of the debt collection office. It held that wage claims assigned by the debtor before the opening of bankruptcy proceedings are not covered by the bankruptcy estate. The bankruptcy administration is therefore not authorized to suspend the wage assignment for the duration of the bankruptcy proceedings.
The Federal Supreme Court confirmed its previous case law, according to which the debtor's wages and other earned income do not fall into the bankruptcy estate and the debtor can generally continue to dispose of them despite the bankruptcy. Therefore, a wage assignment made before the opening of bankruptcy proceedings remains effective, as the wage claim is not covered by the bankruptcy.
The Federal Supreme Court also rejected the argument of the cantonal supervisory authority that the continued validity of the wage assignment beyond the bankruptcy…