Questione giuridica chiave
Whether the federal appeal was admissible given the amount in dispute in an avoidance action based on a loss certificate under Art. 285(2)(1) SchKG.
Decisione estratta
In such an action, the amount in dispute cannot exceed the claim evidenced by the loss certificate; here that amount was CHF 1,700, so the federal jurisdictional threshold was not met.
Motivazione estratta
An avoidance action under Art. 285(2)(1) SchKG can at most lead to satisfaction of the plaintiff for the debt stated in the loss certificate, unlike actions under Art. 260 or 269(3) SchKG. Therefore the relevant amount in dispute is capped by that certified claim.