Facts
In the context of enforcement proceedings initiated by Z. against S., the debt collection office ordered the garnishment of the debtor's salary up to 800 CHF per month as of January 1995. Upon the creditor's complaint, who requested an increase of the garnishment to 6,000 CHF per month or more, the President of the District Court set the wage retention at 2,900 CHF per month from the same date.
The debtor appealed this decision to the Enforcement and Bankruptcy Court of the Cantonal Tribunal, primarily requesting its reform in the sense of maintaining the wage garnishment at 800 CHF, subsidiarily its annulment and the referral of the case back to the President of the District Court. He disputed the validity of the latter's decision not to include in his minimum subsistence the amount corresponding to the payment of the mortgage charges of the family home occupied by his mother.
After the Cantonal Court dismissed his appeal, the debtor appealed to the Enforcement and Bankruptcy Chamber of the Federal Tribunal, taking the following conclusion in particular: "The wage garnishment ordered to the detriment of the appellant is reduced to an amount that Justice will determine, taking into account the burden constituted by the debtor's maintenance obligation towards his mother".
Considerations
The Enforcement and Bankruptcy Chamber dismissed the appeal to the extent that it was admissible. It indeed considered that, in accordance with the case law relating to Art. 55 para. 1 let. b OJ,…