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2.3 Handling of the brand new estate (blog post 69 of the DBA)

2.3 Handling of the brand new estate (blog post 69 of the DBA)

So it raises the question as to what the quantity the new supervisory role is also wade in conjunction which have another part, such as the adjudicatory one

Issues may also happen relating to the treatment of the new insolvency estate (Post 69 of the DBA). Pursuant to this provision, loan providers, the new creditors’ committee and also the borrower (and/or debtor’s representatives) 33 33 Wessels (a lot more than notice sixteen), section 4228. normally complications one operate of insolvency practitioner with the supervisory courtroom otherwise instigate an order on the supervisory judge the insolvency professional would be to carry out a particular work or should refrain from a designated act. Still, these types of serves, both the acts confronted plus the serves instigated, loveroulette need certainly to belong to the fresh new insolvency practitioner’s judge activity to deal with and you can liquidate the latest insolvency estate. 34 34 Ibid., paragraph 4225. Select including Marinus Pannevis (ed), Polak’s Insolventierecht (14th edn) (Wolters Kluwer, 2017), part eight.3.six.step one. That it provision places the fresh insolvency specialist underneath the control over those people in whose interest he’s become appointed, thirty-five thirty-five “Het [Blog post 69 DBA] stelt den curator onder de voortdurende controle van hen when you look at the wier belang hij is actually aangesteld,” whereby see the Explanatory Memorandum of one’s Dutch Insolvency Work into 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 it aims to provide the aforementioned actors that have a great quick and simple means to dictate the management along side broke home. thirty six thirty-six Dutch Finest Legal , 161: “(…) biedt aan de daarin genoemden een eenvoudige dentro de 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 out-of voorkomen.” Blog post 69 of your own DBA identifies that supervisory legal has actually for taking a choice within three days. When you take a choice in the a post 69 techniques, the latest supervisory courtroom effectively acts even more just like the an enthusiastic adjudicator than simply because a supervisor.

The brand new confluence of one’s supervisory character plus the adjudicatory role when you look at the Blog post 69 tips might have been criticized regarding Dutch courtroom literature. The newest ailment revolved around the appearance of partiality of one’s supervisory judge. Partiality can be a challenge when the supervisory legal takes an excellent choice of a blog post 69 consult rather than hearing both parties away from the brand new disagreement, but through the use of non-public records and you can recommendations from informal (preliminary) meetings for the insolvency practitioner. 37 37 Discover such, Sijmen de Ranitz, “De curator als onderhandelaar,” in the H. Schoordijk et al. (eds), Rond de tafel. De- juridische kaders van het onderhandelen. Bogaerts en Groenen-bundel (Kluwer, 1999), 55; Wessels (a lot more than notice 16), part 4226.

step three Strategy Of EMPIRICAL Analysis

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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