Kernrechtsfrage
Whether a private assignment of wages is affected by bankruptcy proceedings under Art. 197 SchKG.
Extrahierter Entscheid
A valid private salary assignment is not affected by bankruptcy; the bankrupt debtor may dispose of work earnings during bankruptcy, and wage claims do not enter the estate.
Extrahierte Begründung
The established practice is based on the principle that the bankrupt debtor answers to creditors only with property, not with labor power. Validity of the assignment is a matter for the ordinary courts; its avoidance may only be examined under substantive claims or, with limited prospects, avoidance actions under Art. 285 ff. SchKG.