Whether a debtor may obtain non-disclosure of the enforcement to third parties under Art. 8a(3)(d) SchKG when the creditor let the complaint period lapse after initiating objection-removal proceedings.
Yes. A failure to file the follow-up action after the conciliation permission can count as a conclusive abandonment of the objection-removal request, and a court confirmation that no action was filed within the time limit suffices as proof that the proceeding ended unsuccessfully.
The revised Art. 8a(3)(d) SchKG also covers proceedings that were initiated but did not result in legal opening. The purpose is to protect against unjustified enforcement entries. A formal court confirmation that no claim was filed within the prescribed period allows the debt-collection office to decide the request in a simple, formal manner.