Execution Loss Certificates and Post-Bankruptcy Provisional Legal Remedy Status

In a case involving a debt originally evidenced by execution loss certificates from 1985, which were followed by the debtor's bankruptcy in 1989, the court considered whether the original certificates retained their status as a title for provisional legal remedy (Rechtsöffnung) after the bankruptcy, even though the debt was not newly recognized within the bankruptcy proceedings. The court reasoned that, absent any explicit statutory provision or justification based on legislative intent requiring the creditor to file the claim in the bankruptcy to maintain the title's effect, the execution loss certificates do not lose their quality as a title for provisional legal remedy merely because the debtor subsequently entered bankruptcy, though the claim remains subject to the limitations imposed by the Bankruptcy Act regarding interest and the debtor's defense of lack of new assets.