dos.step three Handling of the new house (blog post 69 of DBA)

Conflicts may also arise in the context of the treating the new insolvency home (Post 69 of your DBA). Pursuant to that particular supply, creditors, the creditors’ committee in addition to borrower (or perhaps the debtor’s agents) 33 33 Wessels (over notice sixteen), paragraph 4228. normally difficulties one work of one’s insolvency specialist into the supervisory court otherwise start an order in the supervisory judge that the insolvency professional will be perform a particular operate or will be abstain from a proposed operate. Nonetheless, these types of serves, both the acts challenged and serves instigated, need belong to the fresh new insolvency practitioner’s legal activity to cope with and you will liquidate new insolvency home. 34 34 Ibid., part 4225. Get a hold of including Marinus Pannevis (ed), Polak’s Insolventierecht (14th edn) (Wolters Kluwer, 2017), part 7.3.six.step one. This supply sets this new insolvency professional within the command over those individuals when you look at the whoever notice he has already been designated, thirty five thirty-five “Het [Post 69 DBA] stelt den curator onder de voortdurende controle van hen for the wier belang hij is actually aangesteld,” wherein understand the Explanatory Memorandum of Dutch Insolvency Work during the Sebastian Kortmann and you may Dennis Faber (eds), Geschiedenis van de Faillissementswet. Heruitgave van Van der Feltz II (Wolters Kluwer, 2016), 8–9. meaning that they aims to provide the the second stars that have a beneficial simple and quick device so you can influence this new management along the bankrupt house. thirty-six thirty-six Dutch Ultimate Courtroom , 161: “(…) biedt aan de- daarin genoemden een eenvoudige durante snelle mogelijkheid invloed uit te oefenen op het beheer more de- failliete boedel durante om, zo zij menen dat bij dit beheer fouten worden gemaakt, deze te doen herstellen regarding voorkomen.” Blog post 69 of your own DBA determines that the supervisory legal provides when planning on taking a decision contained in this three days. When taking a choice in an article 69 procedure, new supervisory judge effortlessly acts way more while the an adjudicator than just like the a management.

The brand new interviews was in fact semi-structured, following around three templates of your own https://datingranking.net/catholicmatch-review/ endeavor (barriers, recommendations and you can strategic actions)

Brand new confluence of one’s supervisory role while the adjudicatory role in the Blog post 69 tips has been criticized throughout the Dutch legal books. New criticism revolved around the appearance of partiality of your supervisory courtroom. Partiality could become problems in the event that supervisory court takes a good choice from a blog post 69 request instead of reading both sides regarding the new argument, however, by making use of non-public information and advice out-of relaxed (preliminary) meetings with the insolvency specialist. 37 37 Look for particularly, Sijmen de- Ranitz, “De curator als onderhandelaar,” during the H. Schoordijk ainsi que al. (eds), Rond de tafel. De- juridische kaders van het onderhandelen. Bogaerts dentro de Groenen-bundel (Kluwer, 1999), 55; Wessels (more than note sixteen), section 4226. It enhances the question from what extent the newest supervisory role is also go hand in hand which have some other character, like the adjudicatory one.

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).