Questão jurídica principal
Whether the sequestration ground under Art. 271(1)(2) LP remained plausible despite post-order facts, especially repayment of the loan and deposit of mortgage certificates.
Decisão extraída
Yes. New facts could be considered, but the repayment and later deposit of the mortgage certificates did not make the concealment ground implausible.
Fundamentação extraída
Art. 278(1) and (3) LP allow new facts in objection/appeal proceedings. The cantonal court acted arbitrarily by relying on outdated case law and ignoring relevant nova; however, on the merits, repayment of the loan did not neutralize the earlier suspicious conduct and did not amount to payment of the debt.