Questão jurídica principal
Whether the conditions for a postponement of foreclosure under Art. 123 SchKG were met
Decisão extraída
The debtor did not show, with admissible and sufficient substantiation, that he could repay the debt in installments; the refusal of postponement was therefore lawful.
Fundamentação extraída
Art. 123 SchKG does not require an initial installment payment when filing the request, but the debtor must credibly establish repayment capacity. The cantonal findings that the property was unlikely to be sold soon at a price covering the debt, and that the proposed monthly payments were far below what would be needed, were binding as findings of fact. New factual assertions on appeal were inadmissible.