dos.step three Handling of the fresh home (article 69 of DBA)

dos.step three Handling of the fresh home (article 69 of DBA)

It enhances the concern as to the the amount brand new supervisory part can also be go in conjunction having other character, including the adjudicatory one

Issues may also happen relating to the treatment of the new insolvency house (Post 69 of the DBA). Pursuant compared to that supply, creditors, the latest creditors’ panel and debtor (or even the debtor’s representatives) 33 33 Wessels (significantly more than mention sixteen), part 4228. is also problem people operate of your insolvency professional to your supervisory court otherwise start your order on supervisory courtroom the insolvency professional is always to create a specific work otherwise is to avoid a designated act. However, these types of serves, the serves challenged and acts inspired, need to fall under the newest insolvency practitioner’s judge activity to deal with and you may liquidate new insolvency property. 34 34 Ibid., part 4225. Discover also Marinus Pannevis (ed), Polak’s Insolventierecht (14th edn) (Wolters Kluwer, 2017), part 7.step 3.six.step 1. Which supply puts the new insolvency professional beneath the command over people during the whoever appeal he’s got come appointed, thirty five thirty five “Het [Blog post 69 DBA] stelt den curator onder de voortdurende controle van hen in the wier belang hij are aangesteld,” for which comprehend the Explanatory Memorandum of Dutch Insolvency Operate from inside the Sebastian Kortmann and you may Dennis Faber (eds), Geschiedenis van de Faillissementswet. Heruitgave van Van der Feltz II (Wolters Kluwer, 2016), 8–9. which means that they is designed to deliver the the latter actors having a simple and quick appliance to help you influence the fresh new government along side bankrupt estate. thirty-six thirty-six Dutch Finest Court , 161: “(…) biedt aan de daarin genoemden een eenvoudige dentro de snelle mogelijkheid invloed uit te oefenen op het beheer more de- failliete boedel en om, zo zij menen dat bij dit beheer fouten worden gemaakt, deze te doen herstellen away from voorkomen.” Article 69 of your DBA determines that the supervisory court possess when planning on taking a choice contained in this 3 days. When taking a decision for the a post 69 techniques, the fresh supervisory legal effectively serves more once the a keen adjudicator than simply given that a supervisor.

The newest confluence of supervisory role plus the adjudicatory character inside the Post 69 steps has been criticized regarding the Dutch judge books. The newest ailment revolved around the look of partiality of your supervisory legal. Partiality becomes a problem in the event that supervisory judge takes a decision from a blog post 69 consult as opposed to reading each party away from new dispute, but by making use of non-public record information and you will guidance from informal (preliminary) meetings on the insolvency professional. 37 37 Come across for example, Sijmen de Ranitz, “De- curator als onderhandelaar,” from inside the H. Schoordijk ainsi que al. (eds), Rond de tafel. De juridische kaders van het onderhandelen. Bogaerts durante Groenen-bundel (Kluwer, 1999), 55; Wessels (over notice sixteen), part 4226.

step three Methodology Of one’s EMPIRICAL Investigation

The study, whose results are reported here, was part of an empirical research project that aimed to identify obstacles, best practices and possible strategic behaviour of relevant key players in relation to the role of courts competent in insolvency cases. The qualitative study consisted of an interview study and the conducting of three focus groups. The interviews were semi-structured, following the three themes of the project (obstacles, best practices and strategic behaviour). 38 38 The framework of themes that we explored during these interviews are available online at: < accessed (only available in the Dutch language). The interviews were conducted with 32 key-players in the insolvency process. The majority of the interviewees were insolvency/supervisory judges (6) and insolvency practitioners (12). Additionally, interviews were conducted with insolvency specialists working for the tax authority (Ministry of Finance) (2), a bank employee (1), insolvency specialists working for the Dutch Employee Insurance Agency (UWV) (7) and insolvency law professors (4).

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