Revisiting the removal of the insolvency practioner

The article considers the issues of the insolvency practioner removal in a bankruptcy case. Based on a current court practice, the author insists that the insolvency practioner removal is an exceptional measure and should be used only when one clearly shows his inability to conduct the bankruptcy proceedings properly. When the court decides on the removal of the insolvency practioner, the nature of the violations committed (their materiality) is of great importance, as well as whether the removal of the insolvency practioner will serve to restore the violated rights of creditors or eliminate the threat of the violation. The removal of the insolvency practioner at the final stage of the bankruptcy proceedings is inadvisable and only leads to a delay in the proceedings.