Key legal question
How is new assets under Art. 265 SchKG determined after bankruptcy?
Extracted holding
Art. 265 SchKG aims to enable a bankrupt debtor to build a new economic existence, so new assets are assessed as net new wealth: assets acquired after bankruptcy minus new, unpaid liabilities incurred after bankruptcy.
Extracted reasoning
The provision does not merely preserve the debtor’s subsistence minimum; that function is covered by Arts. 92 and 93 SchKG. New assets are therefore not calculated by the same rules as attachable wages. The debtor should not be confined to the subsistence minimum because of loss certificates, but must also not enjoy the protection of Art. 265 SchKG if he spends all earnings and leaves old creditors unpaid.