Key legal question
Whether the CHF 4,500 dental expense could be included in the debtors' minimum subsistence for the garnishment calculation
Extracted holding
No. Dental costs may count as necessary health expenses only if they arise during the garnishment period; the available document did not clarify whether it was an invoice for prior treatment or an estimate for treatment during the garnishment period, so further clarification was required.
Extracted reasoning
Under Art. 93 SchKG, necessary health expenses may be part of the minimum subsistence, but pre-existing debts at the time of garnishment are excluded. Because the date-stamped document did not establish when the obligation arose, the supervisory authority had to investigate further and could not simply include the amount on the basis of the invoice date.