(1) Discharge of residual debt requires a request on the part of the debtor, which is, as a rule, to be joined with a request to open insolvency proceedings. If it is not joined with the latter, it is to be submitted within two weeks of the reference as per section 20 (2). The debtor must include with the request a declaration as to whether the case referred to in section 287a (2) sentence 1 no. 1 or no. 2 applies. The debtor must give an assurance of the accuracy and completeness of the declaration referred to in sentence 3.
(2) Such request must be accompanied by a statement by the debtor to the effect that the debtor’s garnishable claims to emoluments due on account of the debtor’s employment or to emoluments replacing them to a trustee to be appointed by the court for a period of three years following opening of the insolvency proceedings (assignment period). If the debtor has already been discharged of residual debt on the basis of a request made after 30 September 2020, then the assignment period in any new proceedings is five years; the debtor must include a declaration of assignment with the request.
(3) Agreements on the part of the debtor are ineffective insofar as they would obstruct or be detrimental to the statement of assignment pursuant to subsection (2).
(4) The insolvency creditors who have filed claims are to be heard in respect of the debtor’s request before the final meeting.