Federal Act
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Art. 123249
b. Deferral 1 If the debtor can credibly demonstrate that he can repay the debt in instalments and undertakes to make regular and reasonable payments on account to the debt enforcement office, the debt enforcement officer may defer realisation for a maximum of twelve months from receipt of the first instalment.250 2 In the case of debt enforcement proceedings for first-class claims (Art. 219 para. 4), realisation may be deferred for a maximum of six months.251 3 The debt enforcement officer shall determine the amount and due dates of the instalment payments; he must take into account the circumstances of both the debtor and the creditor. 4 The deferral shall be extended by the duration of any stay of enforcement. In this case, the instalments and their due date will be redetermined after the expiry of the stay of enforcement.252 5 The debt enforcement officer shall amend his order ex officio or at the request of the creditor or the debtor if the circumstances so require. The deferral shall be cancelled automatically if an instalment payment is not made on time.253 249 Amended by Art. 5 of the FA of 28 Sept. 1949, in force since 1 Feb. 1950 (AS 1950 I 57; BBl 1948 I 1218). 250 Amended by No I of the FA of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227; BBl 1991 III 1). 251 Amended by No I of the FA of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227; BBl 1991 III 1). 252 Amended by No I of the FA of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227; BBl 1991 III 1). 253 Amended by No I of the FA of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227; BBl 1991 III 1). |
