(1) If insolvency proceedings are not opened, the insolvency court makes an order determining the remuneration to be paid and the expenses to be reimbursed to the provisional insolvency administrator.
(2) The determination is made against the debtor, unless the request to open proceedings is inadmissible or ill-founded and the creditor filing the request acted with gross negligence. In such cases, the remuneration and the expenses to be reimbursed to the provisional insolvency administrator are to be imposed in full or in part on the creditor and are to be issued against the debtor. Gross negligence is, in particular, assumed if the request lacked the prospect of success from the outset and the creditor had to recognise this fact. The order is to be served on the provisional insolvency administrator and on the person who is to bear the provisional insolvency administrator’s costs. The provisions of the Code of Civil Procedure on execution from orders assessing costs apply accordingly.
(3) The provisional insolvency administrator and the person who is to bear the provisional insolvency administrator’s costs may file an immediate appeal against the court order. Section 567 (2) of the Code of Civil Procedure applies accordingly.