§ 5-4. When the district court (tingretten) confirms a compulsory debt settlement (tvungen gjeldsordning)
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The text of the law (unofficial translation)
§ 5-4. Confirmation by the court (stadfestelse) by the district court
The court (retten) shall confirm the debtor's (skyldnerens) debt settlement proposal (forslag til gjeldsordning) for compulsory debt settlement if the conditions in § 1-2, § 1-3 first paragraph and § 1-4 are met and the proposal satisfies § 5-2. The court shall nevertheless refuse confirmation by the court if:
- it would be offensive to confirm the debt settlement the debtor has proposed,
- there is a procedural error which has not been remedied and which has clearly had an effect on the shaping of the debtor's proposal, or
- so many of the claims (fordringene) are disputed that there is no basis for assessing the debtor's proposal.
The court's decision is made by court ruling (kjennelse). The court ruling is served on the debtor and communicated to the other parties to the case in the manner the court finds appropriate. A court ruling refusing confirmation by the court can only be appealed to a higher court (ankes) by the debtor.
What does this mean?
The section says when the court must approve (confirm) the debtor's proposal. This happens when the debtor meets the basic conditions in § 1-2, § 1-3 and § 1-4, and the proposal also complies with § 5-2. The court must nevertheless say no if the settlement seems offensive, if an unremedied procedural error has clearly had an effect, or if too many claims are disputed. The decision is a court ruling, and only the debtor can appeal to a higher court against a refusal. The section is the final step after § 5-3.