Problems may develop relating to the treating of the insolvency house (Blog post 69 of your own DBA). Pursuant to this supply, loan providers, the newest creditors’ panel and also the debtor (and/or debtor’s representatives) 33 33 Wessels (more than note 16), section 4228. can challenge one work of your own insolvency specialist to your supervisory judge or instigate your order from the supervisory court the insolvency practitioner is always to would a particular operate otherwise is refrain from a desired act. Still, such acts, both serves confronted and the serves inspired, need to fall into the newest insolvency practitioner’s courtroom activity to deal with and you can liquidate the latest insolvency estate. 34 34 Ibid., section 4225. Select in addition to Marinus Pannevis (ed), Polak’s Insolventierecht (14th edn) (Wolters Kluwer, 2017), part eight.3.six.step 1. This supply places the insolvency specialist under the command over those people inside whoever interest they have been appointed, thirty-five thirty-five “Het [Article 69 DBA] stelt den curator onder de voortdurende controle van hen within the wier belang hij was aangesteld,” in which see the Explanatory Memorandum of one’s Dutch Insolvency Operate in the Sebastian Kortmann and Dennis Faber (eds), Geschiedenis van de- Faillissementswet. Heruitgave van Van der Feltz II (Wolters Kluwer, 2016), 8–nine. and thus it aims to supply the aforementioned actors which have a simple and quick tool in order to dictate the newest administration along the broke home. 36 36 Dutch Supreme Legal , 161: “(…) biedt aan de- daarin genoemden een eenvoudige durante snelle mogelijkheid invloed uit te oefenen op het beheer over de failliete boedel dentro de om, zo zij menen dat bij dit beheer fouten worden gemaakt, deze te doen herstellen from voorkomen.” Article 69 of one’s DBA find your supervisory judge has to take a decision in this three days. When taking a choice when you look at the a blog post 69 techniques, the newest supervisory courtroom efficiently serves a whole lot more just like the a keen adjudicator than just like the a manager.
Brand new interview was in fact semi-prepared, after the about three templates of opportunity (barriers, best practices and you will strategic behaviour)
The new confluence of your own supervisory role as well as the adjudicatory character from inside the Blog post 69 methods might have been criticized in the Dutch court books. Brand new problem had to do with the appearance of partiality of your own supervisory judge. Partiality could become a challenge when the supervisory http://datingranking.net/fitness-singles-review courtroom takes a good decision regarding a post 69 consult instead hearing each party out-of the new argument, however, by applying low-public records and you will pointers off everyday (preliminary) meetings towards insolvency practitioner. 37 37 See such, Sijmen de Ranitz, “De- curator als onderhandelaar,” for the H. Schoordijk mais aussi al. (eds), Rond de tafel. De- juridische kaders van het onderhandelen. Bogaerts durante Groenen-bundel (Kluwer, 1999), 55; Wessels (a lot more than notice sixteen), paragraph 4226. It raises the matter about what extent the brand new supervisory role is also go together that have some other role, like the adjudicatory you to.
3 Methods Of your 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. 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).