Facts
Y.'s bankruptcy was declared on 15 June 1995. Creditor X. obtained a certificate of unpaid debts after bankruptcy of CHF 74,500 in October 1998. In November 2000, a payment order was served on Y., who filed an objection for non-return to better fortune. The Civil Court of Lausanne dismissed the creditor's action, finding that the debtor had not returned to better fortune. The Vaud Cantonal Tribunal confirmed this decision, which the creditor X. contested before the Federal Tribunal.Considerations
The Federal Tribunal upheld the appeal to the extent that it was admissible. It considered that the method used by the Cantonal Tribunal to determine the threshold for return to better fortune was arbitrary.
According to case law, the threshold for return to better fortune corresponds to the amount that allows the debtor to maintain a standard of living commensurate with their situation and, in addition, to save. This amount must cover the expanded minimum subsistence level, including in particular taxes and maintenance contributions due to children, as well as a certain supplement.
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