Questão jurídica principal
Whether postponement of enforcement under Art. 123 SchKG may be reviewed by the Federal Court on appeal
Decisão extraída
The question is mainly one of discretion and appropriateness, ordinarily not open to federal review under Art. 19 SchKG unless the cantonal authority’s decision is fundamentally incompatible with the statute.
Fundamentação extraída
Art. 17 SchKG leaves such complaints to the cantonal supervisory authorities; Art. 19 SchKG empowers the Federal Court only to review violations of law or denial/delay of justice. The cantonal authority’s reliance on the nature of the claim was consistent with the purpose of the statute, and its assessment of the facts was within its exclusive competence.