Federal Court of Justice (BGH): In principle, the lex fori concursus determines whether a foreign pension is subject to attachment

The German Federal Court of Justice has recently held (BGH, court order of 20.7.2017 – IX ZB 63/16) that the scope of the insolvency estate is determined by the lex fori concursus and that this also applies to earned income and pension income. The extent to which protection from enforcement can prevent attachment of the insolvency estate is therefore substantively a matter for the law of the state in which proceedings are commenced. Click here for more..