Insolvency administrator inclusion in the shortlist
A prerequisite for appointment as insolvency administrator or trustee in insolvency proceedings is usually prior inclusion in a pre-selection list maintained by the insolvency court. The respective insolvency judge is responsible for the pre-selection procedure, who must determine the eligibility criteria and make them transparent.
With the opening of insolvency proceedings, the insolvency administrator acquires the authority to administer and dispose of the debtor's assets. The insolvency administrator has a variety of tasks, in particular to take possession and administration of the insolvency estate (§ 35 of the Insolvency Code (InsO)), to separate non-debtor objects from the insolvency estate, to supplement the estate with objects belonging to the assets, to realise the assets belonging to the insolvency estate and to distribute the proceeds of the realisation to the insolvency creditors. If necessary, the insolvency administrator must draw up an insolvency plan.
Any applicant who fulfils the basic requirements for a general suitability for the office of insolvency administrator, irrespective of the typicality of the individual insolvency proceedings, must be included in the pre-selection list.
Who should I contact?
Jurisdiction lies with the respective insolvency judge.
This procedure can also be carried out through a "Point of Single Contact". The "Point of Single Contact" is a special service offered by municipalities and the state for service providers.
Requirements
- The applicant must:
- a natural person sin. Legal entities cannot be appointed as insolvency administrators.
- be neutral, i.e. independent of the debtor and creditors.
- be "business-savvy", i.e. have the legal and economic knowledge necessary for the respective insolvency proceedings. Sufficient knowledge of insolvency, labour, social, tax, commercial and company law is required, as well as business knowledge for restructuring.
Which documents are required?
No documents are required.
What are the fees?
There are no fees.
What deadlines do I have to pay attention to?
Previous inclusion in the pre-selection list is usually a prerequisite for appointment as insolvency administrator or trustee in insolvency proceedings.
Processing duration
Processing Time: 3 MonthsArticle 102a sentence 2 of the Introductory Act to the Insolvency Code (EGInsO)
