Debt Enforcement: Calculation of Newly Acquired Assets Based on Income and Living Expenses

Art. 265a Abs. 4 SchKG, Art. 265a Abs. 1 SchKG, Art. 265a SchKG, Art. 265 SchKG, Art. 319 OR, Art. 321 OR; Debt Enforcement: Calculation of Newly Acquired Assets Based on Income and Living Expenses: The court reasoned that the debtor's full-time employment income, estimated at a net CHF 8,544 monthly based on witness testimony deemed more credible than evidence suggesting only part-time work, was established. Furthermore, the court rejected the debtor's attempts to deduct property maintenance costs using a tax-based lump sum allowance and to include undocumented support payments to family members when calculating necessary living expenses. Consequently, after subtracting the undisputed proportional share of reasonable living costs (CHF 3,529 monthly), the court confirmed that the debtor realized a surplus income of CHF 5,015 per month, totaling CHF 60,180 annually, which qualified as newly acquired assets, thus justifying the partial lifting of the objection to payment enforcement for that amount.