Debtor's Objection to Lack of New Assets in Arrest Procedure vs. Subsequent Declaratory Judgment

The court confirmed that a debtor can raise the objection of lacking new assets during the objection phase of an arrest procedure, even though this precedes the main enforcement proceeding, because the summary nature of the arrest procedure requires a preliminary ruling to protect the debtor's rights immediately. However, the court clarified that the judge ruling on the subsequent request for a declaratory judgment concerning the lack of new assets is not bound by the preliminary assessment made by the arrest judge, meaning the creditor can still prove the existence of new assets in the separate proceeding stipulated under Article 265a of the Debt Enforcement and Bankruptcy Act.