Key legal question
Whether the objection of no new assets under Art. 265a SchKG can be invoked outside enforcement proceedings against a set-off based on a bankruptcy loss certificate.
Extracted holding
Yes. The objection is not limited to debt-enforcement proceedings; it may also be raised when a loss-certificate claim is asserted by set-off in an ordinary civil action.
Extracted reasoning
The wording of Art. 265a SchKG does not exclude such use. The rule serves the debtor's economic rehabilitation and would be undermined if the creditor could avoid it simply by asserting set-off instead of starting enforcement. The court rejected the view that a special procedure is required for every case.