Questão jurídica principal
Whether the debt enforcement office had jurisdiction to draw up a retention inventory after bankruptcy was opened against the tenant.
Decisão extraída
No. After bankruptcy, the bankruptcy administration has comprehensive competence over preservation and realization of the estate, and the retention attachment falls away; there is therefore no room for the office to draw up a retention inventory.
Fundamentação extraída
Art. 240 SchKG gives the bankruptcy administration broad powers. The retention inventory and retention attachment cease upon bankruptcy, which replaces the retention attachment for the encumbered assets. The creditor may file the claim and retention right in the bankruptcy proceedings.