2.3 Management of the latest estate (article 69 of DBA)

2.3 Management of the latest estate (article 69 of DBA)

Issues may arise in the context of the treatment of the new insolvency home (Article 69 of one’s DBA). Pursuant compared to that provision, financial institutions, the newest creditors’ panel in addition to borrower (and/or debtor’s agencies) 33 33 Wessels (over notice sixteen), part 4228. can complications one act of the insolvency specialist on the supervisory judge otherwise instigate an order about supervisory legal that insolvency practitioner should do a specific act or is to abstain from an intended act. However, these acts, both acts confronted in addition to acts instigated, need to fall into the new insolvency practitioner’s court task to manage and you will liquidate the brand new insolvency house. 34 34 Ibid., paragraph 4225. Find in addition to Marinus Pannevis (ed), Polak’s Insolventierecht (14th edn) (Wolters Kluwer, 2017), paragraph eight.step three.6.1. It provision places the fresh https://datingranking.net/growlr-review/ new insolvency professional within the command over men and women from inside the whose desire they have come appointed, thirty five thirty five “Het [Blog post 69 DBA] stelt den curator onder de voortdurende controle van hen inside wier belang hij is aangesteld,” wherein see the Explanatory Memorandum of one’s Dutch Insolvency Work in the Sebastian Kortmann and you may Dennis Faber (eds), Geschiedenis van de- Faillissementswet. Heruitgave van Van der Feltz II (Wolters Kluwer, 2016), 8–9. for example it will provide the the latter stars having an excellent simple and quick means to help you determine the fresh administration along side bankrupt estate. thirty-six thirty-six Dutch Supreme Judge , 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 from voorkomen.” Blog post 69 of one’s DBA decides the supervisory courtroom have when planning on taking a decision within 3 days. When you take a choice within the a blog post 69 processes, this new supervisory legal efficiently acts alot more because an enthusiastic adjudicator than due to the fact a management.

The interview have been partial-prepared, following around three layouts of the project (barriers, recommendations and you will strategic behaviour)

New confluence of your supervisory role while the adjudicatory role in Article 69 methods has been criticized on Dutch legal literature. The fresh new issue had to do with the look of partiality of your supervisory judge. Partiality can be problems if the supervisory courtroom requires a good decision regarding an article 69 consult without reading both sides out of the latest dispute, however, by applying non-public records and you can suggestions regarding informal (preliminary) consultations towards the insolvency professional. 37 37 See like, 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 (above mention 16), section 4226. That it enhances the matter about what the amount this new supervisory role can go together with some other part, for instance the adjudicatory one.

step 3 Methods Of the 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).