Rejection of the debtor's waiver of compliance with the time limit under Art. 88 para. 1 DEBA

Facts

In an enforcement proceeding, the representative of the debtor had waived, in a letter to the creditors, both the objection and compliance with the 20-day payment deadline. After the debt collection office had served the payment order on the debtor, the representative of two creditors had already filed the request to continue the enforcement the next day. However, the debt collection office had returned this request to the creditors, stating that it could only be filed at the earliest 20 days after service of the payment order. The two creditors complained against this decision.

Considerations

The Enforcement and Bankruptcy Chamber considers that the time limit under Art. 88 para. 1 DEBA was not established solely in the interest of the debtor, but also in the interest of third parties. Indeed, the creditors also have an interest in this time limit not being arbitrarily shortened or eliminated by the debtor, particularly with regard to the…