The moratorium shall be revoked by the composition court at the request of a creditor or the commissioner:
if the debtor fails to make any required instalment payments punctually;
if he fails to comply with the instructions of the commissioner or prejudices the legitimate interests of the creditors or favours individual creditors to the detriment of others;
if a creditor proves that the information provided by the debtor to the composition court is false or that he is able to fulfil all his obligations.
The debtor must be consulted verbally or in writing about the request. The composition court shall decide on the basis of the files after carrying out any necessary enquiries, as does the appellate court in the event of an appeal.1Notice of the revocation of the moratorium shall be given in the same way as the authorisation.
If the moratorium is revoked in accordance with numbers 2 or 3, neither a composition moratorium nor a further emergency moratorium may be authorised.
Footnotes
Second sentence amended by Annex 1 No II 17 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 (AS 2010 1739;BBl 2006 7221). ↩
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