Kernrechtsfrage
Whether a second debt collection proceeding for the same claim is admissible under Art. 67 SchKG.
Extrahierter Entscheid
A second proceeding for the same claim is generally admissible. It may be rejected only if, in the first proceeding, the creditor has already filed the continuation request or is already entitled to do so.
Extrahierte Begründung
The court held that only in that situation is there a serious risk of repeated enforcement against the debtor’s assets. If the first proceeding has been stalled by objection or has lapsed because the creditor waived it, there is no reason to bar a new proceeding for the same claim. The debtor is protected by the remedies under Art. 85 and 85a SchKG.