Questão jurídica principal
Whether the provisional debt-enforcement opening should be denied because the debtor invoked possible remission of the cantonal educational loan.
Decisão extraída
No. The opening judge only examines whether the claim rests on a recognized debt instrument and whether immediate objections destroying it are made credible; remission of a Canton Aargau public-law claim is not decided in this opening proceeding.
Fundamentação extraída
Under Art. 82 SchKG, the cantonal opening court cannot rule on remission of a claim owed to another canton. The debtor did not show any error in the first-instance decision, and the alleged remission no longer appeared to be in issue.