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Insolvency administrator Inclusion in the pre-selection list

A prerequisite for the appointment as insolvency administrator or trustee in insolvency proceedings is usually the prior inclusion in a pre-selection list maintained by the insolvency court. Responsible for the pre-selection procedure is the respective insolvency judge, who has to determine the eligibility criteria and must make them transparent.

With the opening of insolvency proceedings, the insolvency administrator acquires the power of administration and disposal of the debtor's assets. The insolvency administrator has a variety of tasks, in particular to take possession of and administer the insolvency estate (§ 35 Insolvenzordnung (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 liquidation to the insolvency creditors. If necessary, the insolvency administrator must draw up an insolvency plan.

The pre-selection list shall include any candidate who fulfils the general requirements for a general suitability for the office of insolvency administrator, detached from the typicity of the individual insolvency proceedings.

Who should I contact?

The responsibility lies with the respective insolvency judge.

This procedure can also be handled through a "point of single contact". The "Point of Single Contact" is a special service offered by the municipalities and the state for service providers.

Find your Point of Single Contact here

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 the creditors.
    • be "business knowledgeable", i.e. have the legal and economic knowledge necessary for the respective insolvency proceedings. Sufficient knowledge of insolvency, labour, social, tax and commercial and corporate law is required, as well as business knowledge for restructuring, among other things.

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?

Prior inclusion in the pre-selection list is regularly a prerequisite for appointment as insolvency administrator or trustee in insolvency proceedings.

Processing duration

Processing Time: 3 Months
Article 102a sentence 2 Introductory Act to the Insolvency Code (EGInsO)

Technically approved by

Lower Saxony Ministry of Justice

Source: Serviceportal Niedersachsen (Linie6PLus)

Further Links

Single points of contact of the state of Lower Saxony, Single points of contact of the countries of Europe, advice and assistance for EU citizens and their families.