Germany

Abstract

The insolvency practitioner is chosen independently by the court (§ 56 InsO). However, if a preliminary creditors’ committee is established, it has to be heard and the court is obliged to appoint the practitioner proposed unanimously by the provisional creditors’ committee unless the person proposed is not suited to taking on the office (§ 56a InsO). The court’s decision is not challengeable, but the first creditors’ meeting subsequent to the appointment of the insolvency practitioner may elect a different person to replace him (§ 57 InsO). The court may refuse the appointment only of a person unqualified to assume such an office; against a refusal of appointment any insolvency creditor may bring an immediate appeal.