(1) The insolvency court refuses a request to open insolvency proceedings if the debtor’s assets will probably be insufficient to cover the costs of the proceedings. Such refusal is not made if a sufficient amount of money is advanced or the costs have been deferred in accordance with section 4a. The order is to be published without delay.
(2) The court orders that a debtor with respect to whom a request to open insolvency proceedings has been refused for insufficiency of assets is to be entered in the record of debtors in accordance with section 882b of the Code of Civil Procedure and transmits the order electronically without delay to the central enforcement court referred to in section 882h (1) of the Code of Civil Procedure. Section 882c (3) of the Code of Civil Procedure applies accordingly.
(3) Anyone advancing an amount of money in accordance with subsection (1) sentence 2 may claim reimbursement of the advanced amount by any person who, in contravention of the provisions of insolvency or company law, as well as in contravention of that person’s duties and culpably, has not requested the opening of insolvency proceedings. Failing agreement as to whether such person has acted in contravention of their duties and culpably in refraining from such request, the burden of proof shifts to that person.
(4) Any person who, contrary to the provisions of insolvency or company law, has in breach of their duties and culpably not filed a request for the opening of insolvency proceedings is obliged to pay the advance referred to in subsection (1) sentence 2. The provisional insolvency administrator or any person who has a well-founded claim against the debtor may demand payment of the advance.