Questione giuridica chiave
Whether bankruptcy without prior enforcement could be opened because the debtor had an unknown whereabouts under Art. 190(1) no. 1 SchKG.
Decisione estratta
No. The debtor's whereabouts were not unknown because he had established and maintained a residence in V. since 1999, making him reachable.
Motivazione estratta
The Federal Supreme Court upheld the lower court's factual finding that the debtor's center of life was abroad. The mere fact that he had earlier given a Swiss address or remained registered in Switzerland did not make his whereabouts unknown.