dos.step three Management of the newest estate (post 69 of the DBA)
Problems also can happen relating to treating the latest insolvency estate (Post 69 of the DBA). Pursuant to that supply, loan providers, new creditors’ panel while the debtor (or even the debtor’s representatives) 33 33 Wessels (significantly more than notice sixteen), section 4228. can also be difficulties one act of the insolvency specialist to the supervisory courtroom or instigate your order regarding the supervisory court that insolvency practitioner would be to do a certain work otherwise is always to abstain from a desired operate. However, these acts, both acts challenged and acts inspired, need to fall into the latest is cupid free insolvency practitioner’s judge activity to handle and you may liquidate the brand new insolvency estate. 34 34 Ibid., section 4225. Discover together with Marinus Pannevis (ed), Polak’s Insolventierecht (14th edn) (Wolters Kluwer, 2017), paragraph eight.3.six.step 1. Which supply puts the insolvency practitioner under the control of the individuals from inside the whose attract they have started designated, thirty-five thirty five “Het [Blog post 69 DBA] stelt den curator onder de voortdurende controle van hen for the wier belang hij are aangesteld,” wherein comprehend the Explanatory Memorandum of your Dutch Insolvency Operate into the Sebastian Kortmann and you will Dennis Faber (eds), Geschiedenis van de Faillissementswet. Heruitgave van Van der Feltz II (Wolters Kluwer, 2016), 8–9. meaning that it will supply the aforementioned stars having good simple and quick appliance so you can influence the fresh administration across the broke house. thirty-six thirty-six Dutch Supreme Court , 161: “(…) biedt aan de daarin genoemden een eenvoudige durante snelle mogelijkheid invloed uit te oefenen op het beheer over de- failliete boedel dentro de om, zo zij menen dat bij dit beheer fouten worden gemaakt, deze te doen herstellen of voorkomen.” Article 69 of your own DBA determines that the supervisory legal have when deciding to take a decision inside three days. When you take a choice within the a blog post 69 process, the fresh new supervisory legal effectively acts even more due to the fact an enthusiastic adjudicator than just while the a manager.
New interviews were partial-structured, following around three layouts of your investment (barriers, guidelines and strategic conduct)
The fresh new confluence of your own supervisory character while the adjudicatory part into the Article 69 strategies could have been criticized throughout the Dutch courtroom literary works. The fresh new grievance had to do with the appearance of partiality of supervisory legal. Partiality can become an issue if supervisory legal takes a beneficial decision out-of a post 69 demand instead of reading both parties away from the new disagreement, but by applying low-public record information and you may suggestions of casual (preliminary) services into insolvency practitioner. 37 37 Look for particularly, Sijmen de- Ranitz, “De- curator als onderhandelaar,” for the H. Schoordijk mais aussi al. (eds), Rond de tafel. De- juridische kaders van het onderhandelen. Bogaerts durante Groenen-bundel (Kluwer, 1999), 55; Wessels (above mention 16), part 4226. It enhances the question to what extent the brand new supervisory part is also go together that have some other part, like the adjudicatory you to definitely.
step three 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).