Insolvenzordnung InsO (Deutschland) (German Edition)

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Earnings and Finance Plan. Chapter Two Acceptance and Approval of the Plan. Section a Voting Right of Shareholders. Section a Consent of the Shareholders. Section a Court Approval of Corrections to the Plan. Chapter Three Effects of the Approved Plan. Monitoring Implementation of the Plan. Section a Rights in Objects.

Section b Effects for all those Involved. Section b Special Period of Limitation. Part Seven Debtor-in-Possession Management. Section a Opening Proceedings. Section b Preparations for Reorganisation. Section c Appointment of an Insolvency Monitor. Section a Involvement of Supervisory Organs. Contest of the Debtor's Transactions in Insolvency Proceedings. Part Eight Discharge of Residual Debt. Chapter One Scope of Application. Chapter Two Plan for the Settlement of Debts.

Chapter Three Simplified Insolvency Proceedings. Grounds for Opening Proceedings. Part Eleven International Insolvency Law. Chapter One General Provisions. Chapter Two Foreign Insolvency Proceedings. Notification of the Court. Cooperation between Insolvency Courts. Part Twelve Entry into Force. In this case, the period of time between the discussion meeting and the voting meeting shall not extend beyond one month.

If the plan has been modified, such modification shall be specifically indicated. Voting in writing shall not be counted unless received by the court not later than one day prior to the voting meeting; this shall be referred to when the voting slip is forwarded. The same shall apply if a right is the object of a pledge or a usufruct.

The following supplemental provisions shall apply to acceptance of the insolvency plan by the lower-ranking creditors of the insolvency proceedings:. The groups ranking as mentioned at section 39 subs. The consent of the groups ranking behind section 39 subs. If none of the creditors forming a group votes at all, the consent of this group shall be deemed to have been given.

If the insolvency plan provides for the performance of specific contributions or for the implementation of other measures before confirmation the plan may not be confirmed unless such conditions are met. Confirmation shall be refused ex officio if such conditions are not met even after expiry of an adequate period of time fixed by the insolvency court. The creditors and the debtor may bring an immediate appeal against the order confirming the insolvency plan or refusing its confirmation. If the constructive part is to create, modify, transfer or waive rights in objects or if shares in a company with limited liability are to be transferred, the declarations of intent on the part of the parties involved which are included in the plan shall be deemed to have been given in the form required by law.

The same shall apply to the undertakings included in the plan on which the creation, modification, transfer or waiving of rights in objects or transfer of shares is based. The first and second sentences shall also apply to creditors of the insolvency proceedings who have not filed their claims, and to parties opposing the plan. Such default to a considerable extent shall be construed only if the debtor has not paid a mature debt although reminded by the creditor in writing with a period of grace of at least two weeks. However, the plan may not derogate from subs. If the court has not decided on the voting right, at the request of the debtor or of the creditor it shall subsequently determine the extent to which the debtor has to provisionally take such claim into account.

Default to a considerable extent in performance of the plan shall be construed only if the debtor omits to pay the arrears although reminded by the creditor in writing with a period of grace of at least two weeks. A claim in respect of which an objection has been raised and overruled shall be deemed equivalent to a claim which has not been denied.

Section shall apply mutatis mutandis. The right of unhindered disposition of the assets involved in the insolvency proceedings shall be transferred back to the debtor. The constructive part of the insolvency plan may provide that specific transactions of the debtor or of the takeover company shall require the consent of the insolvency administrator during the period of surveillance in order to become effective. In such a case the maximum amount of such loans shall also be fixed loan ceiling.

It may not exceed the value of property listed in the survey of assets contained in the plan section first sentence. Creditors with other contractual claims created during the period of surveillance shall also have a lower-ranking status in comparison with creditors with entitlements deriving from loans entered into or held open under section Claims created under a continuing obligation prior to surveillance shall also be deemed to constitute such claims for the time after the first date on which the creditor could terminate such contract after surveillance began.

The cost of surveillance shall be borne by the debtor. In the case of section subs. Such proceedings shall be subject to the general provisions unless this part provides otherwise. The claims of the creditors of the insolvency proceedings shall be filed with the custodian. Sections 32 and 33 shall not apply. The former insolvency administrator may be appointed custodian. Before deciding on the request, the insolvency court shall hear the debtor. The creditor and the debtor may bring an immediate appeal against the decision of the court. The debtor may even not enter into obligations falling under the range of his ordinary business if the custodian objects to such obligations.

If the custodian consents to a transaction giving rise to an obligation incumbent on the assets involved in the insolvency proceedings, section 61 shall apply mutatis mutandis. The admissibility of such a request shall require that the requesting party shows such prerequisite for the order to the satisfaction of the court. Section 31 shall apply mutatis mutandis.

If the right to transfer real property, a registered ship, a ship under construction or an aircraft, a right in such an object or a right in such a right is subjected to the requirement of consent, sections 32 and 33 shall apply mutatis mutandis.

Insolvency Statute (Insolvenzordnung, InsO)

The provisions governing the performance of transactions and the cooperation of the works council sections to shall apply with the proviso that the insolvency administrator be replaced by the debtor. The debtor shall exercise his rights under such provisions with the concurrence of the custodian. The custodian shall verify such records and survey and give a written statement for each as to whether the result of his verification gives rise to objections.

The custodian shall comment on the report. However, costs for the determination of such objects and of the rights to such objects shall not be charged. Only the costs actually incurred for disposition and the amount of turnover tax may be counted as costs of disposition. A claim denied by a creditor of the insolvency proceedings, by the debtor or by the custodian shall be deemed not determined. The custodian shall verify each distribution record and give a written statement for each record as to whether the result of his verification gives rise to objections.

If the charge is directed to the debtor, the custodian shall serve as advisor.

The custodian shall inform the insolvency court of lacking assets involved in the insolvency proceedings. If the debtor is an individual he shall be discharged under sections to of his obligations not performed by way of the insolvency proceedings and due to the creditors of the insolvency proceedings. If it is not joined with the latter, it shall be submitted within two weeks of the reference in accordance with section 20 subs.

If the debtor had assigned or pledged such claims to a third party already prior to his request he shall indicate such assignment or pledge in his statement. The debtor and the creditors may propose to the insolvency court as trustee an individual suited to the individual case at hand. The insolvency proceedings shall not be terminated before the order has become final. The final order shall be published together with the order terminating the insolvency proceedings.

He must keep separate the amounts received under such assignment and any other payments contributed by the debtor or third parties from his own property and distribute them annually to the creditors of the insolvency proceedings as directed by the final record. From the sums which he receives from the assignment, as well as from the other payments, he shall pay the debtor on expiry of a period of four years from termination of the insolvency proceedings ten percent, and on expiry of a period of five years from termination, fifteen percent.

If the costs of the proceedings deferred in accordance with section 4a have not yet been corrected, money shall only be transferred to the debtor if his income does not exceed the amount calculated in accordance with section subs. In such a case the trustee shall inform the creditors immediately upon determining an infringement of such obligations.

The trustee shall only be obliged to carry out surveillance if the additional payment for this is either covered or advanced. Such request may be filed only within one year of the date when the creditor became aware of the contravention of an obligation. It shall be admissible only if the facts mentioned in the first and second sentences are shown to the satisfaction of the court. The debtor shall provide information concerning fulfilment of his obligations and at the request of the creditor confirm the correctness of his disclosure by an affidavit. If without a reasonable excuse he does not provide the disclosure or the affidavit within the deadline set for him, or does not appear at a meeting docketed by the court for him to provide the information or the affidavit, although properly summoned and without giving a reasonable excuse, discharge of residual debt shall be refused.

Refusal of discharge of residual debt shall be published. This shall not apply if the costs of the insolvency proceedings were deferred in accordance with Section 4a. Section 9 remaining unaffected, if the residual debt is discharged, excerpts are to be published in the Federal Gazette. Such binding effect shall also apply to those creditors who have not filed their claims. The debtor, however, shall be discharged of claims of co-obligors, guarantors or any other redressing party against himself in the same way as he is discharged of the claims of the creditors of the insolvency proceedings.

The requesting party and the debtor may bring immediate appeal against such decision. The decision retracting discharge of residual debt shall be published. If the debtor has pursued independent economic activity, the first sentence shall apply if his assets are comprehensible and no claims exist against him from employment.

At the request of the debtor, the creditors shall be obliged to provide the debtor with a written statement of their claims against him, at their expense, in order to aid him in preparing the record of claims; in particular, they shall state the extent of their claims and their categorisation in main claim, interest and costs.

The request on the part of the debtor must include a reference to a request to open insolvency proceedings which has already been filed with a court, or the filing of which is intended in the near future. If the debtor does not comply with this request within one month, his request to open insolvency proceedings shall be regarded as having been retracted. In cases falling under section subs. Where forms are introduced in accordance with the first sentence the debtor must use them.

Different forms may be introduced for proceedings in courts that process the proceedings automatically, and for proceedings in courts that do not process the proceedings automatically. An attempt to reach an out-of-court agreement with the creditors regarding settlement of debts shall be considered to have failed if a creditor requests coercive execution after the negotiations regarding out-of-court settlement of debts have been initiated. This period shall not exceed three months.

English-German Dictionary

After hearing the debtor, the court shall order the continuation of the proceedings regarding the request to open proceedings if in accordance with his freely-formed conviction the debt settlement plan is likely not to be accepted. If the proceedings are suspended, the debtor shall submit the number of duplicates of the debt settlement plan and of the record of assets required for service within two weeks of being called on to do so by the court. If the debtor files a request, subs. In this case, the debtor shall initially attempt to reach an out-of-court agreement in accordance with section subs.

At the same time, with express reference to the legal consequences of section subs. This must be pointed out in the request for comment.

If necessary, the amendments or additions are to be served on the creditors. The plan for the settlement of debts shall have the effect of a settlement in the meaning of section subs. The creditors and the debtor shall be served with a copy of the plan for the settlement of debts and of the order mentioned in the first sentence. This shall not apply to the extent that a creditor has not added to the information on his claim in the record of claims deposited for viewing at the insolvency court within the period set, in spite of the fact that the plan for the settlement of debts was sent to him and the claim had come into existence prior to expiry of the deadline; in this respect, the claim shall become void.

This shall not apply if. He must show to the satisfaction of the court the reasons which pursuant to subs. The party making the request and the creditor whose agreement is being replaced may bring immediate appeal. The creditors shall have no claim on the debtor for defrayal of the costs incurred by them in connection with the plan for the settlement of debts. If objections are raised to the plan for the settlement of debts which are not replaced by court approval pursuant to section , the proceedings concerning opening of insolvency proceedings shall be reopened ex officio.

When the insolvency proceedings are opened, in contrast to what applies at section 29, only the verification meeting shall be docketed. If the proceedings are opened at the request of the debtor, the period named in section 88 shall be three months. It may rescind or amend this order at any time.

In contrast to section subs. Sections 56 to 66 shall apply mutatis mutandis. The costs incurred by the creditor are to be refunded first from the proceeds. The creditor shall have the right of disposition. In this case, it shall also instruct the debtor to pay a sum to the trustee within a period set by the court in accordance with the value of the assets which would have had to be distributed to the creditors of the insolvency proceedings. The order shall not be given if disposition of the assets involved in the insolvency proceedings appears to be necessary, particularly in the interest of the creditors.

Insolvency Statute – Contents

At the request of one of the creditors of the insolvency proceedings, the court shall refuse to grant discharge of residual debt if the amount payable pursuant to subs. The debtor shall be heard prior to a decision being taken. The insolvency court in whose district a decedent had his usual place of abode shall have exclusive local jurisdiction for the insolvency proceedings to be opened for his estate. If the decedent had the centre of his self-employed business activity in a different place the insolvency court in whose district such place is located shall have exclusive jurisdiction.

The insolvency court shall hear the other heirs. The consent of the other spouse shall not be required.

The spouses shall retain the right to make a request even if the community is terminated. The insolvency court shall hear the dissenting spouse. The request of a creditor of the estate to open the insolvency proceedings shall be not admissible if a period of two years has expired after the heir accepted devolution of the estate on himself. If the opening of the insolvency proceedings is requested by the heir, by the administrator of the estate, by a guardian or by an executor, imminent illiquidity shall also be a reason to open the insolvency proceedings. Measures of execution against the estate which were effected following succession shall not entitle a creditor to separate satisfaction.

If the heir has satisfied claims of descendants to a compulsory portion, legacies or bequests prior to the opening of the insolvency proceedings such transaction may be contested in the same manner as a gratuitous benefit granted by the heir. The heir may not withhold satisfaction of any obligations incumbent on him because of the expenses which are to be reimbursed to him from the estate in accordance with sections and of the Civil Code. In insolvency proceedings opened for an estate only the obligations incumbent on the estate may be claimed.

If the decedent has ordered in his will the satisfaction of a legacy or bequest prior to another legacy or bequest such legacy or bequest shall prevail. In other respects, such restrictions shall not affect the order of claims. Sections , subs. They shall however be heard by the insolvency court in the case of a request to open proceedings.

If the request is not filed by both spouses, it shall be admissible if the illiquidity of the joint property is shown to the satisfaction of the court; the insolvency court shall hear the other spouse. If the request is filed by both spouses, imminent illiquidity shall also constitute grounds for opening proceedings.

This statute shall enter into force on the day determined by means of the introductory act to the Insolvency Statute. The above translation was published by the Federal Ministry of Justice. Reproduced with kind permission. The contents of this page may be downloaded and printed out in single copies for individual use only. Making multiple copies without permission is prohibited. Your email address will not be published. Insolvency Statute — Contents Part One: General Provisions Section 1: Objectives of the Insolvency Proceedings Section 2: Local Jurisdiction Section 4: Deferment of the Cost of the Insolvency Proceedings Section 4b: Repayment and Adjustment of the Deferred Amounts Section 4c: Rescission of Deferment Section 4d: Legal recourse Section 5: Principles of the Insolvency Proceedings Section 6: Immediate Appeal Section 7: Appeal on Points of Law Section 8: Hearing of the Debtor Part Two: Opening of Insolvency Proceedings.

Involved Assets and Parties Chapter One: Prerequisites of Opening and Opening Proceedings Section Admissibility of Insolvency Proceedings Section Corporations under Public Law Section Request to Open Insolvency Proceedings Section Request by the Creditor Section Reason to Open Insolvency Proceedings Section Imminent Illiquidity Section Decisions Ordering Arrestment Section Publication of Restriction on Property Transfers Section Effects of Restrictions on Property Transfers Section Repeal of Measures of Arrestment Section Refusal for Lacking Assets Section Order Opening the Insolvency Proceedings Section Requirements Incumbent on the Creditors and Debtors Section Docketing of Meetings Section Publication of the Order Opening the Insolvency Proceedings.

Land Register Section Assets Involved in the Insolvency Proceedings. Classification of Creditors Section Objects not Subject to Attachment Section Joint Marital Property of a Community Section Definition of the Creditors of the Insolvency Proceedings Section Lower ranking Creditors of the Insolvency Proceedings Section Claims to Maintenance Section Immature Claims Section Claims Subject to a Resolutory Condition Section Liability Incumbent on Several Persons Section Conversion of Claims Section Recurring Payments Section Right to Separation Section Separate Satisfaction from Immovables Section Separate Satisfaction of Pledgees Section Other creditors with a Claim to Separate Satisfaction Section Costs of the Insolvency Proceedings Section Designation of an Insolvency Administrator Section Election of a Different Insolvency Administrator Section Supervision by the Insolvency Court Section Dismissal of the Insolvency Administrator Section Liability of the Insolvency Administrator Section Period of Limitation Section Remuneration of the Insolvency Administrator Section Determination by the Insolvency Court Section Empowerment to issue an Order Section Rendering of Accounts Section Election of Different Members Section Determination of Voting Right Section General Effects Section Transfers of Property by the Debtor Section Performance in Favour of the Debtor Section Continued Community Section Liquidation of a Company or a Community Section Joinder of Pending Actions as Plaintiff Section Execution prior to the Opening of Insolvency Proceedings Section Prohibition of Execution Section Exclusion of other Acquisition of Rights Section General Damage Section Unlimited Liability of Partners Section Prohibition of Set-Off Section Imposition of the Duties of the Debtor Section Members of the Body Representing the Debtor.

Restriction of a Basic Right Chapter Two: Cooperation of the Works Council Section Option to be Exercised by the Insolvency Administrator Section Financial Futures Section Severable Contracts Section Priority Notice Section Retention of Title Section Continuity of Severable Contracts Section Sale of Property Let by the Debtor Section Termination of a Service contract Section Emoluments from a Service contract Section Expiry of Mandates Section Expiry of Management Contracts Section Expiry of Proxies Section Liquidation of Companies Section Termination of Plant Agreements Section Plant Modifications and Conciliatory Proceeding Section Judicial Approval of a Plant Modification Section Scope of the Social Plan Section Reconciliation of Interests and Dismissals Protection Section Action brought by the Employee Section Sale of Plant Chapter Three: Congruent Coverage Section Incongruent Coverage Section Wilful Disadvantage Section Gratuitous Benefit Section Loans Replacing Equity Capital Section Silent Partnership Section Payments on Bills of Exchange and Cheques Section Persons with a Close Relationship to the Debtor Section Date of Performance of Transaction Section Executable Deed Section Cash Transactions Section Legal Consequences Section Claims of the Party to the Contested Transaction Section Limitation of the Right to Contest Section Objects of Value Section Record of Creditors Section Survey of Property Section Deposit with the Registry of the Insolvency Court Section Decision on Disposition Section Report Meeting Section Decision on the Further Proceedings Section Measures taken prior to the Decision Section Transactions of Particular Importance Section Provisional Prohibition of the Transaction Section Sale of Plant below Value Section Legal Validity of the Transaction Chapter Three: Disposition of Immovables Section Disposition of Movables Section Notification of the Creditor Section Notification of Envisaged Sale Section Distribution of Proceeds Section Calculation of the Contribution to Costs Section Other Use of Movables Section Disposition by the Creditor Part Five: Satisfaction of the Creditors of the Insolvency Proceedings.

Discontinuation of the proceedings Chapter One: Determination of Claims Section Filing of Claims Section Proceedings of the Verification Meeting Section Subsequent Filings Section Prerequisites and Effects of Determination of Claims Section Denied Claims Section Competence for the Determination of Claims Section Scope of Determination Section Value of Action Section Effect of the Decision Section Special Jurisdiction Section Restitutio in Integrum Chapter Two: Satisfaction of the Creditors of the Insolvency Proceedings Section Distribution Record Section Consideration of Denied Claims Section Consideration of Conditional Claims Section Subsequent Consideration Section Amendments to the Distribution Record Section Objections to the Distribution Record Section Determination of a Fraction Section Final Distribution Section Final Meeting Section Deposit of Retained Funds Section Surplus Resulting from Final Distribution Section Termination of the Insolvency Proceedings Section Jurisdiction for Actions to Enable Execution Section Implementation of a Delayed Distribution Section Discontinuation of Insolvency Proceedings Section Discontinuation Procedure Section Publication and Legal Effects of Discontinuation Section Insolvency Plan Chapter One: Establishment of the Plan Section Submission of the Insolvency Plan Section Breakdown of the Plan Section Declaratory Part Section Constructive Part Section Formation of Groups Section Rights of the Creditors of the Insolvency Proceedings Section Equal Treatment of Parties Involved Section Modification of Conditions under Property Law Section Earnings and Finance Plan Section Further Attachments Section Refusal of the Plan Section Comments on the Plan Section Suspension of Disposition and Distribution Section Laying Out of Plan Chapter Two: Acceptance and Confirmation of the Plan Section Discussion and Voting Meeting Section Coincidence with the Verification Meeting Section Voting List Section Modification of the Plan Section Separate Voting Meeting Section Voting in Writing Section Voting by Groups Section Necessary Majorities Section Prohibition to Obstruct Section Consent of Lower-ranking Creditors of the Insolvency proceedings Section Confirmation by the Court Section Conditioned Plan Section Contravention of procedural Provisions Section Protection of Minorities Section Publication of Decision Section Effects of the Confirmed Plan.

Surveillance of Implementation of the Plan Section General Effects of the Plan Section Proviso of Revival Section Remaining Claims Section Execution under the Plan Section Termination of the Insolvency proceedings Section Effects of Termination Section Tasks and Rights of the Insolvency Administrator Section Obligation to Disclosure incumbent on the Insolvency Administrator Section Transaction requiring Consent Section Loan Ceiling Section Lower-ranking Status of New Creditors Section Consideration of Lower-ranking Status Section Publication of Surveillance Section Termination of Surveillance Section Costs of Surveillance Part Seven: Personal Management Section Subsequent Order Section Repeal of the Order Section Legal Status of the Custodian Section Consent of the Custodian Section Ordering the Requirement of Consent Section Mutual Contracts Section Notification of Creditors Section Disposition of Securities Section Insolvency Plan Section Discharge of Residual Debt Section Right of Proposal Section Decision by the Insolvency Court Section Refusal of Discharge of Residual Debt Section Notification of Discharge of Residual Debt Section Legal Status of Trustee Section Equal Treatment of Creditors Section Obligations of the Debtor Section Contravention of Obligations Section Insolvency Offences Section Expiry before Date Section Decision on Discharge of Residual Debt Section Effect of Discharge of Residual Debt Section Excepted Claims Section Scope of Application Section Plan for the Settlement of Debts Section Suspension of Proceedings Section Service on the Creditors Section Acceptance of the Plan for the Settlement of Debts Section Replacement of Approval Section Simplified Insolvency Proceedings Section General Procedural Simplifications Section Simplified Distribution Part Ten: Local Jurisdiction Section Admissibility of the Opening of Insolvency Proceedings Section Request Deadline Section Reasons for Opening Section Execution following Succession Section Obligations incumbent on the Estate Section Lower-ranking Obligations Section Restituted Objects Section Revisionary Succession Section Simultaneous Insolvency of the Heir Chapter Two: Right to file a Request.

Grounds for Opening Proceedings Section Personal Liability of the Spouses Part Eleven: Entering into Force Section Jurisdiction of the Local Court as Insolvency Court 1 The Local Court in whose district a Regional Court is located shall have exclusive jurisdiction for insolvency proceedings as the insolvency court for the district of such Regional Court. Local Jurisdiction 1 The insolvency court in whose district the debtor has his usual venue shall have exclusive local jurisdiction.

Applicability of the Code of Civil Procedure Zivilprozessordnung Unless this statute provides otherwise the provisions contained in the Code of Civil Procedure shall apply to the insolvency proceedings mutatis mutandis. Deferment of the Costs of the Insolvency Proceedings 1 If the debtor is an individual and if he has made a request for discharge of residual debt, the cost of the insolvency proceedings shall be deferred on request until such time as discharge of residual debt is awarded, insofar as his assets are likely not to be sufficient to cover these costs.

Repayment and Adjustment of the Deferred Amounts 1 If the debtor is unable once discharge of residual debt has been awarded to pay the deferred amount from his income and his assets, the court may extend deferment and set the monthly instalments to be paid. Rescission of Deferment The court may rescind deferment if 1. Legal recourse 1 Immediate complaint shall be available to the debtor against refusal to defer or rescission of deferment, as well as against refusal to appoint a lawyer.

Principles of the Insolvency Proceedings 1 The insolvency court shall investigate ex officio all circumstances relevant to insolvency proceedings. Immediate Appeal 1 Decisions of the insolvency court may be only appealed if this statute provides for an immediate appeal. Appeal on Points of Law An appeal on points of law may lie against the decision on the immediate appeal.

Service 1 Documents shall be served ex officio. Publication 1 Publication shall by made by notification in the gazette or in an electronic information and communication system intended for the court; such publication maybe restricted to excerpts. In doing so, in particular deletion periods shall be provided for, as shall regulations ensuring that the publications 1.

Opening of the Insolvency Proceedings. Involved Assets and Parties. Admissibility of Insolvency Proceedings 1 Insolvency proceedings may be opened for the assets owned by any individual or corporation. Corporations under Public Law 1 Insolvency proceedings may not be opened for the assets owned by 1. Request to Open Insolvency Proceedings 1 Insolvency proceedings shall be opened on request only. Entitlement to Request the Opening of Insolvency Proceedings for the Assets Owned by Corporations and for those Owned by Companies without Legal Personality 1 As well as the creditors, any member of the board of directors of a corporation or, in the case of a company without legal personality or of a partnership limited by shares, any general partner, and any liquidator shall be entitled to request the opening of insolvency proceedings for the assets owned by such corporation or company without legal personality.

Reason to Open Insolvency Proceedings The opening of insolvency proceedings shall require the existence of a reason to open such proceedings. Illiquidity 1 Illiquidity shall be the general reason to open insolvency proceedings. Imminent Illiquidity 1 If the debtor requests the opening of insolvency proceedings imminent illiquidity shall also be a reason to open.

Overindebtedness 1 Overindebtedness shall be also a reason to open insolvency proceedings for a corporation. Obligation of Disclosure during the Opening Proceeding, Reference to Discharge of Residual Debt 1 If the request to open insolvency proceedings is admissible the debtor shall disclose to the insolvency court such information as is necessary for a decision on the request.

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