Key legal question
Whether the first-instance court costs of CHF 300 were correctly imposed on the appellant in the new-asset objection proceedings.
Extracted holding
Yes. Under the general cost rule, costs are borne by the losing party; the cost order in proceedings under Art. 265a SchKG was therefore correct.
Extracted reasoning
The court held that the debtor’s post-bankruptcy social and financial recovery does not prevent newly incurred debts from being enforced. New court costs arising in proceedings under Art. 265a SchKG are likewise not shielded by the defence of lack of new assets.