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Part 9 · Discharge of residual debt › Section 290

Refusal of discharge of residual debt

(1) The discharge of residual debt is to be refused by way of an order if such refusal has been requested by an insolvency creditor who has filed a claim and if

1.  the debtor, in the last five years prior to the request to open insolvency proceedings or subsequent to such request, has been issued with a final sentence to payment of a fine of more than 90 daily rates or a term of imprisonment of more than three months for commission of a criminal offence under sections 283 to 283c of the Criminal Code (Strafgesetzbuch);

2.  the debtor by wanton act or gross negligence has given a false or incomplete statement on his or her or its economic situation in writing in the last three years prior to the request to open insolvency proceedings or subsequent to this request in order to obtain a loan or grants from public funds or to avoid making payments to public funds;

3.  (repealed);

4.  the debtor by wanton act or gross negligence has impaired the satisfaction of the insolvency creditors in the last three years prior to the request to open insolvency proceedings, or subsequent to such request, by entering into inappropriate obligations, by wasting property or by delaying the opening of insolvency proceedings without any expectancy of an improved economic condition;

5.  the debtor by wanton act or gross negligence has infringed the disclosure or cooperation requirements under this Code;

6.  in the declaration to be presented in accordance with section 287 (1) sentence 3 and in the lists of his or her property, income, creditors and claims against him or her, which are to be submitted in accordance with section 305 (1) no. 3, the debtor has by wanton act or gross negligence made false or incomplete statements;

7.   the debtor infringes his or her obligation to engage in gainful employment in accordance with section 287b and thereby impairs satisfaction of the insolvency debtors; this does not apply in the absence of fault on the part of the debtor; section 296 (2) sentences 2 and 3 applies accordingly.

(2) A creditor’s request may be filed in writing up until the final meeting or up until the decision is taken in accordance with section 211 (1); it is admissible only if a reason why a discharge of residual debt should be refused is shown to the satisfaction of the court. The decision on the request for refusal is given after the relevant period as stipulated in sentence 1.

(3) Immediate appeal against the order is available to the debtor and to each insolvency creditor who has requested the refusal of residual debt discharge. The order is to be published.

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