Kernrechtsfrage
Whether B. SA had to be assigned the plaintiff role in the claim action for the seized aircraft
Extrahierter Entscheid
Yes. For a movable asset, the decisive factor is possession at the time of seizure; because the debtor had exclusive possession, documents, and the only key, the office correctly assigned B. SA the deadline under Art. 107(5) SchKG/LEF.
Extrahierte Begründung
The aircraft was treated as a movable good. Where ownership of a movable is disputed, exclusive possession by the debtor leads to the Art. 107 LEF procedure; the third party must then bring the claim action. The company’s asserted formal ownership and incorporation documents did not make its right clear and undisputed.