Questione giuridica chiave
Whether the supervisory complaint was available to challenge inclusion of the debtor's AI pension and family allowances in the bankruptcy estate.
Decisione estratta
Yes. The dispute concerned the composition and valuation of the active estate, a matter within the commissioner's or bankruptcy administration's competence and reviewable by complaint.
Motivazione estratta
The lower court wrongly treated the request as a third-party claim over the debt classification of a claim against the estate. Here the question was whether the debtor's own income formed part of the estate. That question falls under Arts. 197, 221 and 299 LP and may be reviewed through the complaint procedure under Art. 17 LP.