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2.step three Management of the home (article 69 of your DBA)

June 21, 2022 wordcamp 0Comment

2.step three Management of the home (article 69 of your DBA)

Issues also can occur in the context of the management of this new insolvency property (Post 69 of your DBA). Pursuant compared to that supply, loan providers, new creditors’ committee as well as the debtor (or even the debtor’s representatives) 33 33 Wessels (significantly more than note sixteen), paragraph 4228. can difficulty any act of your insolvency specialist to the supervisory courtroom otherwise instigate your order regarding supervisory courtroom your insolvency professional would be to create a particular operate otherwise would be to abstain from a designated work. However, such serves, both acts confronted together with serves instigated, need to end up in the newest insolvency practitioner’s courtroom activity to cope with and liquidate the brand new insolvency home. 34 34 Ibid., part 4225. Select in addition to Marinus Pannevis (ed), Polak’s Insolventierecht (14th edn) (Wolters Kluwer, 2017), paragraph eight.step three.6.step 1. It supply sets new insolvency professional in control of those people in whoever attention he’s got become designated, thirty five thirty-five “Het [Post 69 DBA] stelt den curator onder de- voortdurende controle van hen from inside the wier belang hij try aangesteld,” which understand the Explanatory Memorandum of Dutch Insolvency Operate for 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 supply the the second stars having an excellent quick and simple means to dictate the brand new management over the broke house. thirty-six thirty-six Dutch Ultimate Legal , 161: “(…) biedt aan de daarin genoemden een eenvoudige en 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 out of voorkomen.” Post 69 of your own DBA identifies that the supervisory courtroom have when planning on taking a choice within 3 days. When taking a decision for the a blog post 69 techniques, the newest supervisory courtroom effortlessly acts a lot more since an enthusiastic adjudicator than just as the a management.

The brand new interviews have been semi-planned, after the about three layouts of your own opportunity (obstacles, guidelines and you may strategic actions)

The fresh new confluence of the supervisory role additionally the adjudicatory role during the Blog post 69 actions could have been criticized about Dutch court literary works. The newest criticism revolved around the look of partiality of supervisory court. Partiality may become an issue if the supervisory courtroom takes an excellent decision away from a blog post 69 request in the place of reading each party regarding brand new disagreement, but by making use of low-public information and you may guidance out-of everyday (preliminary) meetings to the insolvency practitioner. 37 37 Discover particularly, Sijmen de- Ranitz, “De- curator als onderhandelaar,” inside H. Schoordijk ainsi que al. (eds), Rond de- tafel. De juridische kaders van het onderhandelen. Bogaerts durante Groenen-bundel (Kluwer, 1999), 55; Wessels (over note sixteen), section 4226. This raises the matter to what the amount the supervisory role can also be wade together with another part, such as the adjudicatory one.

3 Strategy Of EMPIRICAL Study

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).