Decision of the court on the cash payment of the pension fund of a bankrupt debtor

Facts

On 22 August 1991, the bankruptcy of Enrico Schärer was opened. After the termination of his employment contract at the end of September 1991, Schärer requested the cash payment of his pension fund assets from the "Neuenburger Lebensversicherungs-Gesellschaft" in the amount of CHF 62,061.85. On 15 April 1992, the bankruptcy office blocked this amount and included it in the bankruptcy inventory. Schärer contested this decision before the cantonal supervisory authority, which rejected his appeal. Schärer then appealed to the Federal Supreme Court.

Considerations

The Federal Supreme Court confirmed the decision of the cantonal authority. It recalled that, according to its recent case law (ATF 117 III 23 and 118 III 20), the cash payment of the pension fund assets of a debtor who is starting an independent activity does not benefit from the non-attachability provided for in Art. 92 no. 13 DEBA. This amount therefore falls…