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Art. 57d

281.1DEBAFederal ActJan 1, 1892Original source

A stay of enforcement due to military, civil protection or civil defence service may on application by a creditor be lifted with immediate effect by the court competent to set aside the objection in general or for individual claims if the creditor providesprima facie evidence that:1

  1. the debtor has deprived the creditors of access to assets or that he is making arrangements to favour certain creditors to the prejudice of others or to prejudice the creditors in general, or 2.2 the debtor is performing military, civil protection or civil defence service voluntarily and does not require the stay of enforcement for his financial subsistence, or 3.3 the debtor is performing military, civil protection or civil defence service voluntarily in order to evade his liabilities.

Footnotes

  1. Amended by No I of the FA of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227;BBl 1991 III 1).

  2. Amended by No I of the FA of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227;BBl 1991 III 1).

  3. Amended by No I of the FA of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227;BBl 1991 III 1).

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