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Part 2 · Opening of insolvency proceedings. Recognised assets and parties to proceedings  ›  Division 3 · Insolvency administrator. Bodies representing creditors › Section 56a

Creditor’s involvement in appointment of administrator

(1) Before the administrator is appointed, the provisional creditors’ committee must be given the opportunity to comment on the professional and personal requirements to be met by the administrator, insofar as this does not manifestly lead, within two working days, to any changes which are detrimental to the debtor’s financial situation.

(2) The court may choose not to appoint the administrator proposed unanimously by the provisional creditors’ committee only if the person proposed is not suited to taking on the office. The court must base its choice of administrator on the requirements to be met by the administrator as agreed by the provisional creditors’ committee.

(3) If the court dispenses with the hearing in accordance with subsection (1) out of concern for a detrimental change in the debtor’s financial situation, it must provide reasons for its decision in writing. The provisional creditors’ committee may in its first meeting unanimously elect a person other than the person appointed as insolvency administrator.

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