(1) The insolvency court is to take all the measures which appear necessary in order to avoid any change to the debtor’s financial situation which is detrimental to the creditors until the insolvency court decides on the request. The debtor is entitled to file an immediate appeal against the ordering of the measure.
(2) In particular, the court may
1. designate a provisional insolvency administrator to whom section 8 (3), as well as sections 56 to 56b, sections 58 to 66 and section 269a apply accordingly;
1a. appoint a provisional creditors’ committee to which section 67 (2) and (3) and sections 69 to 73 apply accordingly; persons who become creditors only upon the opening of insolvency proceedings may also be appointed as members of the creditors’ committee;
2. impose a general prohibition of disposal on the debtor or order that the debtor’s disposals require the consent of the provisional insolvency administrator in order to become effective;
3. order a prohibition or provisional restriction on measures of execution against the debtor unless immovables are involved;
4. order provisional interception of the debtor’s mail, in respect of which sections 99 and 101 (1) sentence 1 apply accordingly.
5. order that objects which would be covered by section 166 or their separate satisfaction could be requested if proceedings were to be opened may not be used or collected by the creditors and that such objects may be used to continue the enterprise insofar as they are of considerable significance therefor; section 169 sentences 2 and 3 applies accordingly; the creditor is to be recompensed by current payments for any loss in value on account of such use. Such obligation to make recompensing payments only exists to the extent to which the loss in value accruing from such use impairs the security of the creditor with a right to separate satisfaction. Where the provisional insolvency administrator includes a claim transferred to secure a claim rather than the creditor, sections 170 and 171 apply accordingly.
The ordering of preservation measures does not affect the legal validity of disposal over financial securities pursuant to section 1 (17) of the Banking Act and the legal validity of setting off claims and benefits from payment orders, orders between payment services providers or intermediary bodies or orders for the transfer of securities which have been incorporated into systems pursuant to section 1 (16) of the Banking Act. This also applies where a legal transaction by the debtor is effected and set off on the day on which the order is effected or a financial security is ordered and the other party provides proof that they neither knew of the order nor should have known about it; if the other party is a system operator or participant in a system, the day on which the order is effected is deemed to be that business day within the meaning of section 1 (16b) of the Banking Act.
(3) If other measures prove to be insufficient, the court may subpoena the debtor and have the debtor detained after the hearing. If the debtor is not a natural person, the same applies accordingly to the debtor’s directors or general partners. Section 98 (3) applies accordingly to the ordering of detention.