(1) If the plan for the settlement of debts has been approved by more than half of the named creditors and if the total of the claims of those creditors who have given approval amounts to more than half of the claims of the named creditors, then, at the request of a creditor or of the debtor, the insolvency court replaces the objections lodged by one of the creditors to the debt settlement plan with consent. This does not apply if
1. the creditor who has raised objections is not taken into account to an appropriate extent in relation to the other creditors or
2. this creditor is likely to be placed at an economic disadvantage under the plan for the settlement of debts when compared to implementation of the procedure for opening insolvency proceedings and discharge of residual debt; in cases of doubt, the income, assets and family situation at the time of the request pursuant to sentence 1 are taken as the basis during the entire proceedings.
(2) The creditor is to be heard prior to the decision. The debtor must show to the satisfaction of the court the reasons which, pursuant to subsection (1) sentence 2, stand in the way of his or her objections being replaced by consent. The party making the request and the creditor whose consent is being replaced may bring an immediate appeal. Section 4a (2) applies accordingly.
(3) If the creditor shows to the satisfaction of the court facts giving rise to serious doubts as to whether a claim stated by the debtor exists or comes to an amount which is higher or lower than that stated and if the outcome of the dispute is decisive in respect of whether that creditor is suitably taken into account in comparison to the other creditors (subsection (1) sentence 2 no. 1), then the consent of this creditor may not be replaced.