Specialist lawyer for insolvency law
The title of specialist lawyer for insolvency law is a specialist lawyer designation of the German professional law of lawyers .
The designation of specialist lawyer for insolvency law was introduced by the 1st constitutional assembly of the Federal Bar Association at its 7th plenary session on March 21 and 22, 1999, after the creation of such a title had already been decided at the 6th plenary session on November 5 and 6, 1998 was.
Legal areas of training
In terms of content, the title is defined by the areas of law named in Section 14 of the Specialist Lawyers' Ordinance (FAO), in relation to which the lawyer holding the specialist lawyer title must prove special knowledge. These are in detail:
- 1. Substantive bankruptcy law
- a) Reasons for bankruptcy and effects of the bankruptcy petition
- b) Effects of opening proceedings
- c) The office of the preliminary insolvency administrator or the liquidator
- d) Securing and managing the mass
- e) Separation, segregation and set-off in insolvency proceedings
- f) Processing of contractual relationships
- g) Bankruptcy creditors
- h) Avoidance of Insolvency
- i) Labor and social law in bankruptcy
- j) Tax law in bankruptcy
- k) Company law in bankruptcy
- l) Criminal bankruptcy law
- m) Basics of international bankruptcy law
- 2. Bankruptcy Procedure Law
- a) bankruptcy proceedings
- b) Control procedure
- c) Planning procedure
- d) consumer bankruptcy
- e) Debt discharge procedure
- f) special bankruptcies
- 3. Business basics
- a) Bookkeeping , accounting and balance sheet analysis
- b) Accounting in bankruptcy
- c) Business issues of the insolvency plan (restructuring), the transferring restructuring, the liquidation .
In order to acquire the title of specialist lawyer for insolvency law, as with all specialist lawyer titles, proof of special practical experience is also required. Here, § 5 S. 1 lit. g FAO evidence of the following activities:
- 1. At least 5 proceedings opened from the first to sixth part of the InsO as an insolvency administrator; in two proceedings, the debtor must employ more than five employees when they are opened;
- 2. 60 cases from at least seven of the areas specified in § 14 No. 1 and 2.
- 3. The procedures specified in No. 1 can be replaced as follows:
- a) Every procedure with more than five employees through six procedures as trustee according to § 270 InsO, as provisional insolvency administrator, as provisional trustee according to §§ 270a and 270b InsO, as restructuring manager or as a representative of the debtor in corporate insolvency proceedings or in consumer insolvency proceedings.
- b) Any other method by two of the methods referred to in letter a).
- 4. In addition, eight further cases from the areas specified in Section 14 No. 1 and 2 must be proven for each procedure to be replaced.
Administrators in bankruptcy, bankruptcy and composition proceedings are the same as the insolvency administrator.
statistics
As of January 1, 2018, 1,697 specialist lawyers for insolvency law are admitted in Germany.
Individual evidence
- ↑ Federal Bar Association , Statistics (PDF; 146 kB)