Facts
This case concerned the duty of the debtor X. to provide information to the Debt Enforcement Office Schaffhausen in the context of a subsequent attachment. The creditor Y. AG had demanded the subsequent attachment of 100 bearer shares of A. AG, as X. is alleged to be the sole shareholder. The Debt Enforcement Office ordered X. under threat of penalty to disclose the owners of these shares. X. resisted this request and appealed to the High Court of the Canton of Schaffhausen as the supervisory authority. The High Court dismissed his complaint. Thereupon, X. filed a civil law appeal with the Federal Supreme Court.Considerations
The Federal Supreme Court dismissed the appeal. It stated that the debtor is obliged under Art. 91 DEBA to provide the Debt Enforcement Office with information about his assets, even if they are not in his immediate possession. This also applies to assets that may belong to third parties. The Debt Enforcement Office must assess the attachability…