Facts
In this case, A.M. assigned his wage claims to Banque Rohner AG under a loan agreement concluded on 3 August 1983. After the bankruptcy of A.M. was opened on 15 December 1983, the bank requested the debt collection office to calculate the debtor's subsistence minimum, based on the wage assignment. The office set the subsistence minimum at CHF 2,620, which the bank contested. The debtor also appealed against this decision, requesting that the subsistence minimum be set at CHF 1,800. The various cantonal instances dismissed the appeals. The debtor then turned to the Federal Tribunal.Considerations
1. The issue of the validity of the wage assignment falls under substantive law and must therefore be decided by the civil court. The debt collection office and the supervisory authorities in debt collection and bankruptcy matters are not competent to rule on this issue. Their role is limited to a summary examination of whether the assignment is not manifestly null and void.
2. In the calculation of the subsistence minimum according to Art. 93 DEBA, a portion of the spouse's income must be taken into account. By virtue of the legal maintenance obligation, the spouse's contribution to the household…