Questione giuridica chiave
Does a real estate attachment lapse when the debtor transfers the attached property to a third party before bankruptcy is opened?
Decisione estratta
No. The attachment does not fall away merely because the property was transferred before the bankruptcy opening.
Motivazione estratta
Once the realization proceeds against property that no longer belongs to the bankrupt, the equal treatment principle in Arts. 197 and 206 SchKG no longer applies in the same way, and separate enforcement against the attached property remains possible.