Questione giuridica chiave
Whether an appeal lies against the first-instance decision under Art. 265a(1) LP on the debtor's objection of no return to better fortune.
Decisione estratta
No appeal lies against the merits decision on whether the objection is admissible or inadmissible; the appeal is therefore inadmissible.
Motivazione estratta
Under Art. 265a(1) LP, the judge at the place of execution decides definitively on the objection; only a challenge regarding costs is open. The debtor's appeal did not concern costs, and an incorrect indication of remedies in the lower decision cannot create a nonexistent appeal route.