Appllation against decision of Regionalgerichts Berner Jura Seeland
KOPAG successfully represents the appellant before the Higher Court of Berne and thereby protects the claim of a major Swiss beverage supplier before the Court of Second Instance. In its decision dated January 22, 2016 the Higher Court of Berne had to decide on the level of additions to the monthly basic amount for costs of living and came, in accordance with its previous jurisprudence, to the conclusion that any surplus necessarily constitutes new assets. By consequence the Higher Court followed the appellant’s requests and concluded that the appellee had been able to generate new assets following the bankruptcy acc. to art. 265a of the Swiss Federal Law on Debt Collection and Bankruptcy. As unsuccessful party the costs were charged to the appellee.