Jugement Kantonsgericht (VD - ML/2020/105)

Canton:	VD
Case number:	ML/2020/105

Instance:	Kantonsgericht
Department:	Kammer für Strafverfolgung und Konkurs

Kantonsgericht Entscheid ML/2020/105 vom 12.05.2020 (VD)

Date:	12.05.2020
Force of law:	-

Summary:	The court confirms the decision of the Justice of the Peace of Lausanne to authorize the provisional lifting of the objection to an attachment. The objection was made by p.________ from [...] against the seizure measure of the Bankruptcy Office of the District of Lausanne. P._______ had argued that the attachment was inadmissible, as it led to undue hardship. The court has ruled that P.________s complaint is well-founded and that the attachment must therefore be lifted. The verdict is final. More detailed summary: On 12 May 2020, the Bankruptcy and Probate Chamber of the Cantonal Court of Vaud issued a judgment confirming the decision of the Justice of the Peace of Lausanne. On October 24, 2019, the justice of the Peace had approved the provisional lifting of the objection to a seizure. The objection was made by p.________ from [...] against the seizure measure of the Bankruptcy Office of the District of Lausanne. P._______ had argued that the attachment was inadmissible, as it led to undue hardship. The court has ruled that P.________s complaint is well-founded and that the attachment must therefore be lifted. The court has found that the attachment would endanger P.________s livelihood and that there is therefore an unreasonable hardship. The verdict is final.
Rule of Law:	Art. 100 BGG;Art. 144 ZPO;Art. 148 ZPO;Art. 149 ZPO;Art. 321 ZPO;Art. 50 BGG;Art. 74 BGG;
BGE reference::	-
Comment:	Spühler, Basler Kommentar ZPO, Art. 149 ZPO, 2015 Spühler, Basler Kommentar zur ZPO, Art. 321 ZPO ; Art. 311 ZPO, 2017

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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