Hamburg District Court

Apply for appointment as insolvency administrator

Prerequisites

• They are professionally and personally suitable.
• They are business-savvy.
• They are independent of the creditors and the debtor.
• You are a natural person.
• The criteria for inclusion in a so-called pre-selection list are determined by the insolvency judge for the list he or she maintains, or by several insolvency judges for a jointly maintained list.

Documents required

Please note

The insolvency court decides which person is appointed as insolvency administrator in a specific insolvency proceeding, taking into account all the circumstances of the individual case. The person may be appointed from a shortlist maintained by the insolvency court, but this is not mandatory.

The local court does not provide legal advice. Please contact a law firm or notary's office for legal advice.

The Public Legal Information Office (ÖRA) offers affordable legal advice for people with low incomes.

Deadlines

no

Procedure

• Inquire at the insolvency court that you wish to be appointed by about the eligibility criteria.
• Insolvency courts usually provide the relevant questionnaires on their websites.
• Download the questionnaire.
• Complete the questionnaire, attach the necessary documents and send these documents with your application for inclusion on the pre-selection list to the insolvency court.
• The insolvency court decides which person is appointed as insolvency administrator in the specific insolvency proceedings, taking into account all the circumstances of the specific individual case.
• The appointment is made by court order.
• You will receive a certificate confirming your order.
• Upon termination of your office, you must return the certificate to the insolvency court.
• You apply for the appointment of an insolvency administrator by submitting the required documents to the responsible authority. You can use the form that you can find on the insolvency court's website (see links).
• The responsible authority will review your application and documents. If necessary, they will request further documents or information from you.
• The responsible authority will check your qualifications and decide on your application.
• You will receive a notification.
• They will be included in the preliminary selection list by the insolvency court.
• You will be notified if the insolvency court intends to appoint you as insolvency administrator in a specific insolvency proceeding. You will then be appointed as insolvency administrator by court order.
• You will receive a certificate confirming your order.
• Your order will end once the insolvency proceedings are completed.
• They return the document to the insolvency court.

Processing time

If an application for the opening of insolvency proceedings is received by the insolvency court, a (provisional) insolvency administrator must be appointed promptly.

Fees

no

Legal remedies

• Immediate appeal against the rejection as insolvency administrator


• Immediate appeal against dismissal as insolvency administrator


• You cannot challenge the appointment of another candidate as insolvency administrator (competitor action).

Legal basis

Section 56 paragraph 1 of the Insolvency Code (InsO)


https://www.gesetze-im-internet.de/inso/__56.html