Kernrechtsfrage
Whether the complaint against the order declaring the arrest complaint moot should be admitted and granted.
Extrahierter Entscheid
The complaint was admissible only to a limited extent, but ultimately unfounded because the criminal seizure made any release under debt enforcement law impossible.
Extrahierte Begründung
Under Art. 44 SchKG, arrest is only subsidiary and cannot operate alongside a criminal seizure. Since the criminal judgment had already annulled the release of monthly maintenance amounts, the cantonal authority could declare the enforcement complaint moot.