Key legal question
Whether the seizure of the debtor’s life-insurance capital claims was null because it would severely infringe the minimum subsistence level.
Extracted holding
The seizure was not to be annulled by the Federal Court; the supervisory authority was entitled to declare it null because realization would cause a drastic encroachment on the debtor’s minimum subsistence.
Extracted reasoning
The court held that income replacing lost earnings is only attachable within the limits of the debtor’s needs. It was irrelevant whether the insurance benefits stemmed from vested or free pension arrangements. The supervisory authority did not need to investigate possible supplementary-benefit claims, and the appellant’s arguments of omitted fact-finding and abuse of rights failed.