In regular insolvency proceedings, the insolvency administrator acquires the power to dispose of all the debtor's assets subject to insolvency proceedings. In corporate insolvencies, the insolvency administrator thus determines the continuation of the debtor's business operations, possibly together with the creditors' committee. Fundamental decisions in the proceedings are made by the creditors' meeting. The (preliminary) insolvency administrator is supervised by the insolvency court. In the insolvency opening proceedings, i.e. after the filing of the insolvency petition but before the opening of the actual insolvency proceedings, the insolvency court may appoint a preliminary insolvency administrator. As a rule, the debtor may only dispose of his assets in this phase with the administrator's consent (keyword "weak administrator"); in special cases, however, the court also orders the provisional administrator's authority to dispose of the debtor's assets ("strong administrator").
We are active in a large number of such proceedings as (provisional) insolvency administrators for now 13 courts in four federal states, both in corporate insolvencies and in consumer proceedings. However, we also advise and represent insolvency debtors (vis-à-vis the insolvency court and vis-à-vis the insolvency administrator) and creditors (in the filing of claims, in the creditors' meeting and in the creditors' committee) in such proceedings in which we are not appointed as insolvency administrator.
