Hello, this is my first post here. I know this topic was discussed here but my case seems to be a little bit different form what I have read here and I am looking for advice.
The case is as follows: 2 years back I took a loan of 100k CHF which was within reach of my salary. Shortly after, around December 2018 my wife got seriously sick (had a heart attack) which put a financial strain on us due to costs incurred in the meantime. This resulted in around 6 months of payment delay with the bank (so I owed about 12k CHF at that point in time) and in turn , due to me failing to comply with last demand, bank started collection proceedings.
With that, the betreibungsamt calculated my existenz minimum based on the definitions, taking into account my rent here etc.
What is important is that my family : My wife and our 5yr old daughter, live in my home country (Poland). In addition my wife has 3 children from previous marriage and I am sole income earner. As such the betreibungsamt calculated the cost of living for my family at 2k CHF a month, which I was fine with. My salary was 8k.
Now,, since the oldest daughter started to study abroad (as far as I am aware betreibung shouldn't hamper education of children) we decided that they will all move to Italy. This is because my wife's condition doesn't allow her to simply stay at home alone as she is at high risk of fibrillation (as she has severe arythmia).
Overall the cost of living increased as now there is rent to pay, but I though I was lucky because I managed to negotiate a salary increase to 9.4k which covers this, or so I hoped.
Now the problem is: while discussing with the betreibungsamt I provided all the documents confirming the costs of living, in addition due to coronavirus they are currently stuck in Italy anyway, yet they still insist on keeping the family allowance at 2k which basically is not enough to cover medical and living expenses.
I tried reaching out to bank, but as long as the collection proceeding last they are not open to negotiating with me, and betreibung says they could only adjust the family allowance if the bank informed them to do so, but obviously on the bank (my creditor) end there is no such procedure.
On the other hand I believe I am reasonable in my approach since the actual amount owed by the time of this proceeding was not and with my salary increase the monthly payment would be still increased .
Is there any procedure that could help me resolve this?
I am starting to consider going for personal bankruptcy, because although not beneficial at all, at least would allow me some breathing space as now it feels as if they really aim to simply destroy me.
thank you for any help and comments
