Facts
Bank Z. (appellant) pursued enforcement proceedings against X. (respondent) for claims totaling over 46 million Swiss francs. The respondent filed an objection on the grounds that he had not come into new assets. The debt collection office submitted the objection to the President of the Civil Court of the Seebezirk for approval, who approved the respondent's objection.
The appellant filed a complaint with the Federal Supreme Court, requesting that the decision be overturned and that it be determined that the respondent had come into new assets, or alternatively, that the case be remanded to the lower instance.
Considerations
The Federal Supreme Court states that a decision pursuant to Art. 265a Para. 1 DEBA, in which the judge finally decides on the approval or non-approval of an objection, constitutes a final decision in debt collection and bankruptcy matters pursuant to Art. 72 Para. 2 lit. a and Art. 90 BGG.
Complaints against such decisions are subject to the value in dispute limit of 30,000 Swiss francs pursuant to Art. 74 Para. 1 lit. b BGG, as federal law in Art. 265a Para. 1-3 DEBA provides for the exclusion of…