Kernrechtsfrage
Whether the 15-month deadline for filing a bankruptcy petition was suspended by a debtor's objection proceeding conducted as an administrative proceeding.
Extrahierter Entscheid
Yes. The suspension of the deadline under Art. 166(2) SchKG is to be applied in the same way as under Art. 88(2) SchKG and therefore also covers the relevant administrative proceeding.
Extrahierte Begründung
The wording of Art. 166(2) SchKG mentions only judicial proceedings, but legislative history and Federal Supreme Court case law show that the deadline suspension is intended to be regulated uniformly with Art. 88(2) SchKG. The creditor should not suffer prejudice because the debtor filed an objection.