Beruf und Berufsrecht des Insolvenzverwalters

The variety of administrative tasks in insolvency cases has increased so exponentially after decades of avocation (for lawyers, tax consultants, auditors, etc.) that since 2004, the German Federal Constitutional Court (Bundesverfassungsgericht) has considered the insolvency administrator as an independent profession. Particularly within this context, the persistent divergent practices in the appointment of administrators by the insolvency courts and the ongoing conflict situations in the exercise of the insolvency administrator profession raise questions. After a detailed examination of the sections of the German Insolvency Code regarding its professional content, the author develops an opposing legal solution to the current consistent case-law of the German Federal Court (Bundesgerichtshof). German constitutional law, as well as European law, postulate a fleshing out of the professional law of insolvency administrators. The author therefore presents concrete regulatory proposals.