(1) Insolvency proceedings are opened on written request only. Such request may be filed by the creditors and by the debtor. The debtor must enclose with the request a list of creditors and their claims. If the debtor has a business which has not been discontinued, the list must specifically indicate
1. the largest claims,
2. the largest secured claims,
3. claims of the revenue administration,
4. claims of the social insurance agencies and
5. claims resulting from employee pension schemes.
In such cases the debtor must also state the balance sheet total, sales revenues and the average number of employees in the previous business year. The debtor is obliged to provide the information referred to in sentence 4 if
1. the debtor files a request for debtor-in-possession management,
2. the debtor fulfils the criteria set out in section 22a (1) or
3. the appointment of a provisional creditors’ committee has been requested.
The list referred to in sentence 3 and the information referred to in sentences 4 and 5 must be accompanied by a declaration that the information is correct and complete.
(2) Such request may be withdrawn until the insolvency court opens the insolvency proceedings or the request has been refused with final effect.
(3) If the request to open proceedings is inadmissible, then the insolvency court without delay calls on the requesting party to remedy the deficiency and set an appropriate deadline therefor.
(4) The Federal Ministry of Justice and Consumer Protection is empowered, by way of a statutory instrument requiring the approval of the Bundesrat, to introduce a form to be used by the debtor to file a request. Where such a form has been introduced in accordance with sentence 1, the debtor must use that form. Separate forms may be used for proceedings which courts process automatically and for those they do not process automatically.