(1) If the request for discharge of residual debt is admissible, the insolvency court determines, by way of an order, that the debtor is granted discharge of residual debt if he or she fulfils the obligations under sections 295 and 295a and the conditions for refusal under sections 290, 297 to 298 are not met. The order is to be published. Immediate appeal against the order is available to the debtor.
(2) The request for discharge of residual debt is inadmissible if
1. discharge of residual debt was granted to the debtor in the last eleven years prior to the request to open insolvency proceedings or subsequent to this request or if the debtor was refused discharge of residual debt in accordance with section 297 in the last five years prior to the request to open insolvency proceedings or subsequent to this request, or
2. the debtor was refused discharge of residual debt in accordance with section 290 (1) no. 5, 6 or 7 or in accordance with section 296 in the last three years prior to the request to open insolvency proceedings or subsequent to this request; this also applies in the case referred to in section 297a if the subsequent refusal was based on grounds specified in section 290 (1), no. 5, 6 or 7.
In such cases the court is to give the debtor the opportunity to retract the request to open insolvency proceedings before the decision is taken in respect of opening insolvency proceedings.