§ 22a InsO (preliminary creditors' committee)
Duty to appoint a preliminary creditors' committee for larger companies — already before the case opens, with a say in choosing the administrator.
§ 22a InsO requires the court to appoint a preliminary creditors' committee, before it even decides on the opening petition, for debtors above certain thresholds (balance-sheet total, revenue, average headcount — two of three must be met). Smaller debtors can request appointment voluntarily (§ 22a(2) InsO).
The preliminary committee holds one pivotal right: it can unanimously propose a person for the (preliminary) administrator role, from which the court may deviate only for lack of professional suitability (§ 56a InsO). That makes it the decisive actor in the very first week of the case — before any public announcement.
For buyers already in contact with the company before filing, this matters early: the committee's composition and its preferred administrator often shape the later monetisation path (Eigenverwaltung vs. regular insolvency, auction vs. direct negotiation) more than any later announcement.
Related terms
- → Gläubigerausschuss (creditors' committee)— Oversight body appointed by the court or creditors' assembly that supervises the administr…
- → Insolvency administrator— Court-appointed representative of the insolvency estate. Takes disposal rights, monetises …
- → Eigenverwaltung (debtor in possession)— Insolvency proceeding under § 270 InsO in which management stays in office and continues t…