General insolvency proceeding. Bankruptcy. Possibility of provisional appointment of another insolvency practitioner as liquidator than the one who previously held the position of liquidator

DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Abstract

In the case of a transfer to bankruptcy in the general insolvency proceedings, the insolvency judge is not obliged to appoint as liquidator the insolvency practitioner who previously held the position of liquidator, but is free to appoint any other practitioner from among the offers on file.

The criteria of expediency underlying such a choice cannot be censured at the request of the former liquidator, for the simple reason that the proceedings are not being conducted in his interest – he merely acts as a trustee of justice – but in the interest of the creditors, who, moreover, at their first meeting, have the right to appoint in that capacity (liquidator) an insolvency practitioner other than the one provisionally appointed by the official receiver, including the one who previously acted as liquidator.