(1) If the debtor has submitted the request together with reasoned certification provided by a tax adviser, accountant or lawyer with experience in insolvency matters or a person with comparable qualifications which provides evidence of the imminent insolvency or overindebtedness but that the debtor is not already insolvent and that the intended restructuring does not manifestly lack the prospect of success, then the insolvency court determines, at the debtor’s request, a period within which an insolvency plan is to be submitted. The period may not exceed three months.
(2) The issuer of the certificate referred to in subsection (1) may not be appointed as provisional insolvency monitor. The debtor may propose to the court the name of a person who is to be appointed as provisional insolvency monitor. The court may decide not to appoint the provisional insolvency monitor proposed by the debtor only if the proposed person is manifestly not suited to taking on the office; the court must provide reasons in writing for its decision.
(3) The court is required to order measures under section 21 (2) sentence 1 no. 3 if the debtor submits a request therefor.
(4) The debtor or the provisional insolvency monitor must without delay notify the court of the debtor becoming insolvent. After revoking the order pursuant to subsection (1) or after expiry of the period, the court gives a decision regarding the opening of insolvency proceedings.