(1) At the request of an insolvency creditor, the insolvency court refuses discharge of residual debt if the debtor contravenes any obligations in the period between the termination of the insolvency proceedings and the end of the assignment period and thereby impairs satisfaction of the insolvency creditors; this does not apply to debtors without faulty conduct; in the case referred to in section 295 sentence 1 no. 5, no account is taken of any simple negligence. Such request may be filed only within one year of the date when the creditor became aware of the contravention of an obligation. It is admissible only if the facts referred to in sentences 1 and 2 are shown to the satisfaction of the court.
(2) Prior to its decision on the request, the court is to hear the trustee, the debtor and the insolvency creditors. Debtors are required to provide information concerning fulfilment of their obligations and, at the request of the creditor, to confirm the correctness of their disclosure by means of a declaration in lieu of an oath. If, without a reasonable excuse, a creditor does not make the disclosure or declaration in lieu of an oath within the period set, or does not appear at a meeting docketed by the court to provide the information or declaration in lieu of an oath, although properly summoned and without giving a reasonable excuse, then discharge of residual debt is to be refused.
(3) The requesting party and the debtor may bring an immediate appeal against the decision. Refusal of discharge of residual debt is to be published.