Questione giuridica chiave
Whether the attached saved-wage claim of CHF 40 was exempt from seizure under Art. 93 SchKG as competence property.
Decisione estratta
The amount had to be left to the debtor as exempt property because, given the uncertain higher wage claim, the cash amount was the asset that should first serve the debtor's competence needs.
Motivazione estratta
Saved wages are relatively exempt. If it is uncertain whether the debtor has any wage claim above the exempt minimum, the debtor may require that the clearly existing cash asset be allocated to his competence reserve rather than forcing seizure of a doubtful higher wage claim.