—Cooperation and communication between insolvency practitioners and courts

Abstract

This part explores Article 43 of the EU Regulation on Insolvency Proceedings (EIR), which deals with cooperation and communication between insolvency practitioners and courts. It discusses the requirement of an insolvency practitioner in main insolvency proceedings to cooperate and communicate with a court before which a request to open secondary insolvency proceedings is pending. It also states that insolvency practitioners and the court are designed to facilitate the coordination of main, territorial, and secondary insolvency proceedings opened in respect of the same debtor. The part discusses cooperation and communication duties that are imposed on the insolvency practitioner in the main proceedings and on insolvency practitioners in territorial or secondary proceedings. It describes the prevention of any conflict of interest as a novel element in cross-border insolvency practitioner–court cooperation and communication.