Facts
X., a German national and pilot at Swissair, is affiliated with the Pension and Survivors' Fund for Foreign Flight Personnel of Swissair (hereinafter "the Fund"). During the divorce proceedings, the Cantonal Court of Thurgau valued his claim against the Fund at approximately CHF 240,000 and awarded CHF 90,000 to his wife as a share of the acquired property according to German law. This amount was seized by the creditor.
The debtor contested the seizure, arguing that his claim against the Fund should be valued at CHF 240,000 and not at CHF 1 as determined by the debt collection office. The President of the District Court of Kreuzlingen upheld the objection and ordered a new valuation of the claim. However, the Appeals Commission of the Cantonal Court of Thurgau reinstated the initial seizure.
Considerations
The Debt Collection and Bankruptcy Chamber of the Federal Tribunal considers that the debtor's claim against the Fund is subject to seizure, although its maturity is uncertain. Indeed, it is a claim and not a mere expectation, as the Fund's regulations provide that each beneficiary has a claim against it, the amount of which can be calculated at any time.
Regarding the valuation of this claim, the Chamber is of the opinion that the cantonal supervisory authority made excessive use of its discretionary power by valuing it at only CHF 1. Given that…