Key legal question
Whether the debtor could shift the debt-enforcement/forum by being placed under guardianship after the proceedings had begun.
Extracted holding
No. For purposes of Article 59(1) of the Federal Constitution, the relevant domicile is the one existing when the proceedings or enforcement were initiated.
Extracted reasoning
The court held that a debtor cannot change the forum by changing domicile during pending proceedings. Since the collection proceedings had been commenced in Solothurn before the guardianship order in Bern, the Solothurn forum remained competent to conclude the enforcement and to order the bankruptcy hearing (Geltstag).