Key legal question
Whether the objection for lack of return to better fortune was admissible
Extracted holding
The objection was admissible in principle because the creditor appeared to rely on a certificate of loss issued after bankruptcy, not after attachment, and no exception was established.
Extracted reasoning
The debtor had to prove the prerequisites for the objection, but the lower court wrongly placed on the creditor the duty to produce the certificate. The court also noted that the record indicated a post-bankruptcy certificate of loss.