Facts
In enforcement proceedings against Y., the debt collection office of Obwald seized the disability insurance (AI) daily allowances paid to the debtor. The Z. Compensation Fund, as the third-party debtor, filed a complaint against this seizure, requesting that it be declared null and void. The cantonal supervisory commission rejected the complaint, considering that the seizure of the AI daily allowances was valid. The Z. Compensation Fund then appealed this decision to the Federal Supreme Court.Considerations
The Federal Supreme Court considered that the Z. Compensation Fund, as the third-party debtor, did not have standing to file a complaint and appeal against the seizure, but could only report the seizure of absolutely inalienable assets.
On the merits, the Federal Supreme Court ruled that the AI daily allowances do not represent absolutely inalienable assets, but a relatively attachable income according to Art. 93 para. 1 DEBA. Indeed, the AI daily allowances constitute replacement income, which is not covered by the…