Facts
Bank A. obtained a certificate of loss against S. and had part of his salary seized. S. contested this seizure, but the decision of the higher cantonal authority ordered that CHF 464.95 per month of his salary be seized until May 1983, and then CHF 1'464.95 per month from June 1983 onwards. S. appealed this decision to the Federal Tribunal.Considerations
According to case law, the debt collection office does not have to take into account, during the enforcement of the attachment, the exception of return to better fortune raised by the debtor. Indeed, the attachment can only be lifted if the debtor provides proof that he has not acquired new assets since the closure of the bankruptcy.
The Federal Tribunal considers that the debtor's salary can constitute "new assets" within the meaning of Art. 265 para. 2 DEBA, insofar as it exceeds the minimum subsistence level and allows for savings. However, it is up to the judge, in an accelerated procedure,…