2.3 Management of the fresh new house (post 69 of your own DBA)
It raises the matter about what the total amount the fresh supervisory part is go hand in hand having other role, for instance the adjudicatory one to
Issues may happen relating to the management of brand new insolvency home (Post 69 of the DBA). Pursuant to this supply, loan providers, the latest creditors’ panel together with debtor (or even the debtor’s agents) 33 33 Wessels (more than mention 16), paragraph 4228. normally challenge people operate of your own insolvency professional to your supervisory court otherwise start your order on the supervisory courtroom that the insolvency practitioner is manage a particular act or is always to abstain from a proposed act. Still, these types of serves, both the acts confronted and the serves instigated, need to end up in this new insolvency practitioner’s legal task to manage and you can liquidate the insolvency property. 34 34 Ibid., part 4225. Look for along with Marinus Pannevis (ed), Polak’s Insolventierecht (14th edn) (Wolters Kluwer, 2017), section seven.3.six.step one. Which provision sets the brand new insolvency professional in command over men and women into the whose attract he has started designated, thirty-five thirty-five “Het [Post 69 DBA] stelt den curator onder de- voortdurende controle van hen inside wier belang hij try aangesteld,” which comprehend the Explanatory Memorandum of one’s Dutch Insolvency Act inside Sebastian Kortmann and Dennis Faber (eds), Geschiedenis van de- Faillissementswet. Heruitgave van Van der Feltz II (Wolters Kluwer, 2016), 8–9. and thus they aims to deliver the the second stars with good simple and quick appliance to dictate the administration along side bankrupt property. 36 36 Dutch Best Court https://datingranking.net/escort-directory/miramar/ , 161: “(…) biedt aan de- daarin genoemden een eenvoudige durante snelle mogelijkheid invloed uit te oefenen op het beheer over de- failliete boedel en om, zo zij menen dat bij dit beheer fouten worden gemaakt, deze te doen herstellen off voorkomen.” Blog post 69 of your DBA establishes your supervisory legal have when deciding to take a decision in this 3 days. When you take a decision into the a blog post 69 process, the fresh new supervisory court effortlessly serves a whole lot more just like the a keen adjudicator than just like the a supervisor.
The fresh confluence of your supervisory part plus the adjudicatory role inside the Blog post 69 tips might have been slammed regarding the Dutch courtroom literature. The fresh new issue had to do with the appearance of partiality of your own supervisory judge. Partiality could become difficulty in the event that supervisory courtroom requires a beneficial decision from a post 69 demand without reading both parties away from the newest argument, however, through the use of low-public information and you will recommendations out-of everyday (preliminary) consultations into insolvency practitioner. 37 37 Discover like, Sijmen de- Ranitz, “De curator als onderhandelaar,” from inside the H. Schoordijk mais aussi al. (eds), Rond de- tafel. De- juridische kaders van het onderhandelen. Bogaerts en Groenen-bundel (Kluwer, 1999), 55; Wessels (over mention 16), section 4226.
3 Methodology Of the EMPIRICAL Research
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).
