(1) The insolvency court repeals its decision ordering debtor-in-possession management if
1. the debtor commits a serious breach of obligations under insolvency law or shows in another manner the unwillingness or inability to manage the business in the creditors’ interests; this also applies where it is clear that
a) the debtor based essential aspects of the debtor-in-possession management planning on incorrect facts or is not meeting the obligations under section 270c (2),
b) the financial reporting and accounting are so incomplete or inadequate that they do not permit any assessment to be made in respect of the debtor-in-possession management planning, in particular the financial planning,
c) the debtor has obligations against current or former members of its bodies which could be more difficult to enforce in the course of debtor-in-possession management,
2. the achievement of the objective set for the debtor-in-possession management, in particular any planned restructuring, proves to lack the prospect of success,
3. this is requested by the creditors’ assembly with the majority referred to in section 76 (2) and by the majority of the creditors’ voting;
4. this is requested by a creditor with a right to separate satisfaction or an insolvency creditor, the conditions for the ordering of debtor-in-possession management under section 270f (1) in conjunction with section 270b (1) sentence 1 have been eliminated and the party making the request risks being placed at a significant disadvantage on account of the debtor-in-possession management;
5. this is requested by the debtor.
(2) A creditor’s request is only admissible if the creditor shows the conditions set out in subsection (1) no. 4 to the satisfaction of the court. Before deciding on the request, the insolvency court is to hear the debtor. The creditor and the debtor may bring an immediate appeal against the decision given by the court.
(3) The former insolvency monitor may be appointed as insolvency administrator.