Kernrechtsfrage
Whether the refusal to grant a stay of execution under Article 61 SchKG was an abuse or excess of discretion.
Extrahierter Entscheid
No. The lower authority could consider not only the medical certificate but also the fact that the debtor was able to instruct a representative and file a reasoned complaint.
Extrahierte Begründung
Granting a stay of execution is discretionary. Federal review is limited to whether discretion was exceeded or abused. The authority relied on relevant circumstances and did not ignore decisive facts.