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Part 3 · Effects of opening insolvency proceedings  ›  Division 1 · General effects › Section 98

Imposition of duties of debtor

(1) If necessary to provide truthful statements, the insolvency court orders that the debtor make a declaration in lieu of an oath for the records to the effect that the debtor disclosed any demanded facts truly, correctly and completely. Sections 478 to 480 and 483 of the Code of Civil Procedure apply accordingly.

(2) The court may subpoena debtors and detain them after hearing them

1.  if they refuse to give information or to provide a declaration in lieu of an oath or to support the performance of the duties of the insolvency administrator,

2.  if they attempt to evade the execution of their disclosure and cooperation requirements, in particular by preparing their flight, or

3.  if such subpoena and detainment are necessary to avoid their activities contradicting the execution of their disclosure and cooperation requirements, in particular to secure the insolvency estate.

(3) Section 802g (2), section 802h and section 802j (1) of the Code of Civil Procedure apply accordingly in respect of the ordering of detention. The order imposing detention is to be rescinded ex officio as soon as the conditions for the ordering of detention no longer exist. Immediate appeal is available against the ordering of detention, as well as against refusal of an application for rescission of the order imposing detention if its conditions no longer exist.

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