That it raises the question to what the amount brand new supervisory character can be wade in conjunction having another part, including the adjudicatory that
Issues can also arise in the context of the management of the insolvency house (Article 69 of one’s DBA). Pursuant compared to that provision, loan providers, the new creditors’ committee therefore the borrower (or perhaps the debtor’s agencies) 33 33 Wessels (more than mention 16), section 4228. can be difficulty people operate of one’s insolvency practitioner with the supervisory judge or instigate your order regarding the supervisory courtroom the insolvency professional will be carry out a specific act otherwise is refrain from a desired operate. However, these types of acts, both the serves challenged therefore the acts instigated, need certainly to get into the latest insolvency practitioner’s judge task to cope with and you may liquidate the new insolvency house. 34 34 Ibid., section 4225. Discover together with Marinus Pannevis (ed), Polak’s Insolventierecht (14th edn) (Wolters Kluwer, 2017), section 7.step 3.six.step 1. Which provision places this new insolvency specialist under the command over those people inside whoever desire he’s started appointed, thirty-five 35 “Het [Blog post 69 DBA] stelt den curator onder de voortdurende controle van hen into the wier belang hij is actually aangesteld,” in which comprehend the Explanatory Memorandum of one’s Dutch Insolvency Operate into the Sebastian Kortmann and you will Dennis Faber (eds), thaifriendly Geschiedenis van de Faillissementswet. Heruitgave van Van der Feltz II (Wolters Kluwer, 2016), 8–9. which means that they aims to provide the the second stars that have a simple and quick appliance to determine this new management across the broke estate. 36 36 Dutch Ultimate Courtroom , 161: “(…) biedt aan de daarin genoemden een eenvoudige durante 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 from voorkomen.” Blog post 69 of DBA find your supervisory court has when planning on taking a choice within 3 days. When you take a choice when you look at the a post 69 process, the new supervisory court efficiently serves a whole lot more due to the fact an enthusiastic adjudicator than simply due to the fact a management.
This new confluence of supervisory part and adjudicatory role in the Blog post 69 procedures might have been criticized on Dutch legal literary works. The brand new problem had to do with the appearance of partiality of supervisory court. Partiality may become a problem in the event that supervisory legal takes an effective decision off an article 69 consult versus hearing both sides out of brand new conflict, however, by making use of non-public record information and you may advice away from everyday (preliminary) meetings towards insolvency practitioner. 37 37 Discover such, Sijmen de Ranitz, “De curator als onderhandelaar,” when you look at the H. Schoordijk mais aussi al. (eds), Rond de- tafel. De- juridische kaders van het onderhandelen. Bogaerts dentro de Groenen-bundel (Kluwer, 1999), 55; Wessels (above note sixteen), section 4226.
3 Strategy Of the 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).