Key legal question
Whether the first-instance court costs of CHF 300 were properly imposed on the applicant in the no-new-assets proceeding.
Extracted holding
Yes. Under Art. 106(1) CPC, costs follow the losing party, and the first-instance judge rightly charged the applicant.
Extracted reasoning
The court held that the protection against enforcement of assets acquired after bankruptcy does not extend to newly incurred debts, including court costs in proceedings under Art. 265a SchKG. The appeal was therefore manifestly unfounded.