Question juridique clé
Whether new factual allegations and evidence could be raised before the Federal Supreme Court in the debt enforcement complaint
Solution extraite
No. The Federal Supreme Court was bound by the supervisory authority's factual findings; new allegations and evidence were inadmissible.
Motifs extraits
Under Art. 19 SchKG and Arts. 63(2), 79(1) OG, factual findings of the supervisory authority are binding and new facts, objections, and evidence cannot be introduced on complaint.