Questione giuridica chiave
When does the time limit run for a complaint seeking exclusion of an object as exempt bankruptcy property?
Decisione estratta
The complaint period begins with notification of the bankruptcy office's decision refusing release of the item, even if a third party claims ownership.
Motivazione estratta
The question whether an item is exempt from seizure must be decided before the art. 242 SchKG exclusion procedure. This follows from the structure of the bankruptcy rules and art. 54(2) KV, which provides that the art. 242 SchKG procedure is omitted if the estate recognizes the third-party claim as a competence item.