Order for the Inventory of Assets by the Bankruptcy Court

Facts

In this case, the creditor X. initiated debt collection proceedings against the debtor [Y.], in response to which the debtor raised an objection. By judgment of the Federal Court dated November 12, 2009, provisional enforcement was granted in these debt collection proceedings.

On February 10, 2010, X. applied to the District Court Presidency of Plessur for the preparation of an inventory of assets pursuant to Art. 83 para. 1 DEBA. By decision dated March 10, 2010, the District Court Presidency dismissed the request.

X. then filed a civil law appeal with the Federal Court and requested that the contested decision be overturned and an order for the preparation of an inventory of assets against [Y.] be issued.

Considerations

The Federal Court states that the order for the inventory of assets by the bankruptcy court pursuant to Art. 162 DEBA is merely a protective measure to safeguard the creditors' rights, similar to the order for attachment under Art. 274 DEBA. The…