Facts
A.'s bankruptcy was declared on 11 December 2006 and closed on 15 January 2008. On 4 April 2011, B. SA served A. with a payment order, and the debtor filed a total objection, pleading that he had not returned to better fortune. On 8 April 2011, the Debt Collection Office of Geneva transmitted the objection to the Court of First Instance of Geneva, in accordance with Art. 265a para. 1 DEBA. On 2 August 2011, the Court declared the plea of non-return to better fortune inadmissible, ruled that the objector had returned to better fortune in the amount of CHF 380 per month, and set the costs and expenses of the proceedings. The Federal Supreme Court dismissed the debtor's constitutional appeal.Considerations
Pursuant to Art. 265a para. 1 DEBA, the decision made in summary proceedings on the return to better fortune (Art. 251 let. d CPC) is not subject to any cantonal appeal. This is a special norm that derogates from the principle of double instance and the requirement of a higher court, as set out in Art. 75 para. 2 FSCA.…