Facts
The bankruptcy of the appellant's spouse was opened on April 22, 1991. The Bankruptcy Office of Binningen informed the wife, who was living separately from her husband, that she would have to pay a monthly rent of CHF 3,000.-- for the use of the property as of August 1, 1991. The wife appealed against this decision, but was rejected by both the cantonal supervisory authority and the Federal Supreme Court.Considerations
The Federal Supreme Court states that according to Art. 229 para. 3 DEBA, the bankruptcy administration determines the conditions under which the debtor's family can remain in the dwelling. A claim for free accommodation cannot be derived from this provision.
Furthermore, the Federal Supreme Court holds that the wife cannot offset her maintenance claim against the bankruptcy estate with the rent demanded from her. According to Art. 213 para. 1 DEBA, a creditor may offset his claim against a claim that…