Sonderinsolvenzverwalter (special insolvency administrator)

Officer appointed alongside the regular administrator for a specific, delineated task — in particular when the regular administrator has a conflict of interest, such as claims against themselves or related parties.

A Sonderinsolvenzverwalter is appointed by the insolvency court for a delineated area of responsibility when the regular administrator is legally barred from handling it — the classic case being a conflict of interest, e.g. where claims must be examined against the administrator's own firm, against the administrator personally, or against parties with whom they have an economic or professional connection. The legal basis is the corresponding application of §§ 56 et seq. InsO to that specific area.

Typical scenarios: examining and pursuing liability claims against management or shareholders where the regular administrator previously advised the company; reviewing avoidance claims (Insolvenzanfechtung) against related parties; or handling a single asset where a conflict of interest would otherwise arise. The special administrator acts independently in that scope, while the regular administrator remains responsible for everything else.

For buyers, the appearance of a special administrator signals added complexity on the creditor or avoidance side — relevant, for instance, if the buyer is a former shareholder (management buyout out of insolvency) or where the assets in question could be subject to an avoidance claim. Before entering deal talks, it's worth clarifying which officer holds authority over which part of the estate.

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Sonderinsolvenzverwalter (special insolvency administrator) · Wissen · Emptera