Open Access Research Article

APPOINTMENT OF ADMINISTRATORS IN INSOLVENCY PROCEEDING IN LIBERIA: ISSUES AND CHALLENGES

Author(s):
ENOCH S. KOLLIE DR. RAJIV BHALLA
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 8

Abstract

This study examines the appointment of insolvency administrators in Liberia, focusing on legal issues and challenges under the Insolvency and Restructuring Act, 2016. Particular attention is given to Section 8.14(1), which requires an administrator to be licensed or approved by the Commercial Court and included on a public list of eligible administrators. The study considers whether this wording clearly defines the relationship between professional licensing and judicial approval, and how uncertainty may affect appointments. It identifies five concerns: inconsistent appointment standards, the risk of appointing inadequately qualified persons, possible misuse of judicial discretion, weaknesses in professional accountability, and delays in insolvency proceedings. These concerns are examined in light of the need to protect creditors, preserve debtor assets and facilitate effective restructuring or orderly administration. The research adopts a qualitative legal methodology, combining doctrinal analysis of Liberian legislation with a comparative examination of selected approaches in Ghana and the United Kingdom. It also considers academic literature and the UNCITRAL Legislative Guide on Insolvency Law. The study recommends clarifying Section 8.14(1), strengthening licensing standards, improving judicial supervision, and enhancing creditor participation. It argues that clear appointment requirements are essential to competent, independent and effective insolvency administration in Liberia.

Published Paper

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Author Details

Authors: ENOCH S. KOLLIE & DR. RAJIV BHALLARegistration ID: 1013645 | Published Paper ID: IJLRA13645 & IJLRA13646 Approved ISSN: 2582-6433 | Country: Delhi, India

About Journal

International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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