Appointment of an insolvency administrator in insolvency proceedings

If you wish to act as an insolvency administrator or trustee, you must have been appointed by the competent insolvency court.

The insolvency court must appoint a natural person who is suitable for the individual case as insolvency administrator, in particular who is familiar with business and independent of the creditors and the debtor (read more under "Requirements for an insolvency administrator").

The appointment as insolvency administrator is usually carried out in a two-stage procedure.

Pre-selection procedure

Insolvency proceedings are to be classified as urgent judicial proceedings. If an application for the opening of insolvency proceedings is received by the insolvency court, a (provisional) insolvency administrator or insolvency law expert must be appointed promptly. A comprehensive review of all selection criteria in this limited time window can be a significant challenge for everyone involved. In order to avoid this problem, suitable persons can already apply to an insolvency court for inclusion on a so-called pre-selection list outside of a specific insolvency procedure.

As part of this pre-selection procedure, the insolvency court checks whether you meet the general requirements criteria for appointment as insolvency administrator in the abstract. The decisive advantage of this upstream examination is that all parties involved have sufficient time for queries and the subsequent submission of still necessary documents.

Any candidate who fulfils the general requirements for a general suitability that is detached from the specific features of the individual insolvency proceedings must be entered in the pre-selection list.

As a rule, the respective insolvency courts have developed requirement criteria that must be met in order to be included on the respective pre-selection list. In order to enable all parties to the proceedings to be easily resolved, the insolvency courts usually publish questionnaires (on their websites), which must be completed and returned.

Specific order

Which person is appointed as an insolvency administrator in the specific insolvency proceedings is decided by the insolvency court, taking into account all the circumstances of the specific individual case. The person can be appointed from a pre-selection list kept at the insolvency court, but this is not mandatory. The appointment is made by a court order. You will receive a certificate of your order. Upon termination of your office, you must return the certificate to the insolvency court.

The criteria for inclusion on a so-called pre-selection list are determined by the insolvency judge for the list maintained by him or her, or by several insolvency judges for a jointly maintained list. The type and format of the evidence to be provided as well as the required documents depend on the design of the respective pre-selection procedure.

Preconditions

§ 56 Abs. 1 InsO is decisive. The criteria for inclusion on a so-called pre-selection list are determined by the insolvency judge for the list maintained by him or her or by several insolvency judges for a jointly maintained list.

  • § 56 Abs. 1 Insolvenzordnung (InsO)

Related Links

  • § 56 paragraph 1 Insolvency Code (InsO)
  • § 56 Insolvency Code (InsO)

Check with the insolvency court from which you want to be appointed about the requirements criteria.

  • Usually, the insolvency courts provide corresponding questionnaires on their websites.
  • Download the questionnaire.
  • Fill out the questionnaire, attach the necessary documents and send these documents to the insolvency court with your application for inclusion in the pre-selection list.

Which person is appointed as an insolvency administrator in the specific insolvency proceedings is decided by the insolvency court, taking into account all the circumstances of the specific individual case. The appointment is made by a court order. You will receive a certificate of your order. Upon termination of your office, you must return the certificate to the insolvency court.

Responsible for the content
Lower Saxony Ministry of Justice

Last update or date of publication
03.11.2021