How a lawyer qualifies as a bankruptcy administrator

The bankruptcy administrator is appointed by the people's court, and the lawyer must first meet the conditions to become the administrator, and must not have been criminally punished for intentional crimes, must not have relevant professional practice certificates revoked, and must not have an interest in the case.

The people's court shall, on the basis of the actual situation of the debtor, appoint an administrator after consulting the opinions of relevant social intermediaries, such as law firms, accounting firms, bankruptcy liquidation firms, etc.

Therefore, if a lawyer wants to be a bankruptcy administrator, your law firm can contact the court with jurisdiction over the bankruptcy case, recommend you, and pass the examination.

Hello, to the problem you described, the lawyer replied as follows:

It is generally appointed by the court. Blessing!

According to Article 25 of the Enterprise Bankruptcy Law of the People's Republic of China, the administrator shall perform the following duties:

1) Take over the debtor's property, seal, account books, documents and other materials;

2) Investigate the debtor's property status and prepare a property status report;

3) to decide on the internal management of the debtor;

4) Decide on the debtor's daily expenses and other necessary expenses;

5) Before the first creditors' meeting is convened, decide to continue or stop the debtor's business;

6) manage and dispose of the debtor's property;

7) Participate in litigation, arbitration or other legal procedures on behalf of the debtor;

8) propose to convene a meeting of creditors;

9) Other duties that the people's court finds the manager should perform.

Where this Law has other provisions on the duties of managers, those provisions shall apply.

Article 22: Managers are to be appointed by the people's courts.

If the creditors' conference finds that the manager is unable to perform his duties in accordance with the law and impartially or has other circumstances that make him incompetent to perform his duties, it may apply to the people's court to replace him.

The measures for appointing managers and determining the remuneration of managers shall be formulated by the Supreme People's Court.

Article 23 The manager shall perform his duties in accordance with the provisions of this Law, report to the people's court, and accept the supervision of the creditors' conference and the creditors' committee.

The administrator shall attend the creditors' meeting as an observer, report to the creditors' conference on the performance of his duties, and make inquiries.

Article 24: Managers may be formed by liquidation groups composed of personnel from relevant departments and institutions, or by lawfully established law firms, accounting firms, bankruptcy liquidation firms, and other social intermediary organizations.

Based on the actual circumstances of the debtor, the people's court may, after consulting the opinions of the relevant social intermediary organization, designate a person with relevant professional knowledge and professional qualifications to serve as the administrator.

In any of the following circumstances, they must not serve as managers:

1) Have received criminal punishment for intentional crimes;

2) Have had their relevant professional practice certificates revoked;

3) Have an interest in the case;

4) Other situations where the people's court finds it inappropriate to serve as a manager.

Where an individual serves as a manager, he or she shall participate in professional liability insurance.

Article 26 Before the convening of the first creditors' conference, if the administrator decides to continue or stop the debtor's business or commits one of the acts provided for in Article 69 of this Law, it shall obtain the permission of the people's court.

Article 27: Managers shall be diligent and conscientious and faithfully perform their duties.

Article 28: With the permission of the people's courts, managers may hire necessary staff.

The remuneration of managers is to be determined by the people's courts. If the creditors' conference has any objection to the remuneration of the administrator, it has the right to submit it to the people's court.

Article 29: Managers must not resign from their positions without justifiable reasons. The resignation of managers shall be upon the permission of the people's courts.

Legal analysis: The manager may be a liquidation group composed of personnel from relevant departments and institutions, or a lawfully established lawyer's hail firm, accounting firm, bankruptcy liquidation firm and other social intermediary institutions. If a lawyer wants to guarantee the bankruptcy administrator, the people's court needs to appoint it.

Legal basis: "Enterprise Bankruptcy Law of the People's Republic of China" Article 24 The manager may be a liquidation group composed of personnel from relevant departments and institutions, or a lawfully established law firm, accounting firm, bankruptcy liquidation firm and other social intermediary institutions. Based on the actual situation of the debtor, the people's court may, after consulting the opinions of the relevant social intermediary organization, designate the personnel of the institution who have relevant professional knowledge and professional qualifications to serve as the manager.

Managers are divided into lawfully established law firms, accounting firms, bankruptcy liquidation firms and other social intermediary institutions, and the large families and those who have relevant professional knowledge and have obtained practice qualifications in the institutions.

Legal analysis: The manager may be appointed as a liquidation group composed of personnel from relevant departments and institutions, or a lawfully established law firm, accounting firm, bankruptcy liquidation firm and other social intermediary institutions. If a lawyer wants to guarantee the bankruptcy administrator, the people's court needs to appoint it.

Legal basis: Provisions of the Supreme People's Court on the Appointment of Administrators for the Trial of Enterprise Bankruptcy Cases

Article 16 The people's court accepting an enterprise bankruptcy case shall generally designate a social intermediary organization in the register of managers to serve as the manager.

Article 17: In enterprise bankruptcy cases where the facts are clear, the creditor's rights and debts are simple, and the debtor's wealth and assets are relatively concentrated, the people's court may designate the individual in the chain book as the manager.

Legal analysis: The manager may be a liquidation group composed of personnel from the customs department, Bi Min, or a lawfully established law firm, accounting firm, bankruptcy liquidation firm and other social intermediary institutions. If a lawyer wants to guarantee the bankruptcy administrator, the people's court needs to appoint it.

Legal basis: Provisions of the Supreme People's Court on the Appointment of Administrators for the Trial of Enterprise Bankruptcy Cases

Article 16 The people's court accepting an enterprise bankruptcy case shall designate a social intermediary organization in the register of managers to act as the manager.

Article 17 In enterprise bankruptcy cases where the facts are clear, the creditor's rights and debts are simple, and the debtor's assets are relatively concentrated, the people's court may designate an individual in the list of managers as the manager.