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Part 2 · Opening of insolvency proceedings. Recognised assets and parties to proceedings  ›  Division 1 · Conditions and procedure for opening of proceedings › Section 14

Request by creditor

(1) Creditors’ requests are admissible if they have a legal interest in the opening of insolvency proceedings and they show claim and the reason why insolvency proceedings should be opened to the satisfaction of the court. The request does not become inadmissible solely on account of the claim being satisfied.

(2) If a request is admissible, the insolvency court is to hear the debtor.

(3) If the creditor’s claim is satisfied after filing of the request, the debtor is required to carry the costs of the proceedings in the event of the request being rejected as unfounded. The debtor also carries the costs where a request filed by a creditor on account of the rejection of a non-public stabilisation order made under the Company Stabilisation and Restructuring Act which is effective at the point in time at which the request was filed and the creditor was unable to be aware of the stabilisation order.

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