2.step 3 Handling of the newest property (post 69 of your own DBA)

Disputes may develop relating to treating new insolvency house (Post 69 of one’s DBA). Pursuant compared to that provision, financial institutions, the fresh creditors’ committee as well as the debtor (or perhaps the debtor’s agencies) 33 33 Wessels (above notice sixteen), part 4228. can also be issue one operate of insolvency specialist to your supervisory judge or start an order from the supervisory legal that the insolvency specialist will be manage a certain operate otherwise is always to avoid a designated operate. Nevertheless, these serves, both serves challenged therefore the acts instigated, need certainly to belong to new insolvency practitioner’s judge activity to handle and liquidate the insolvency house. 34 34 Ibid., section 4225. Get a hold of and Marinus Pannevis (ed), Polak’s Insolventierecht (14th edn) (Wolters Kluwer, 2017), paragraph 7.step 3.6.step 1. This provision leaves this new insolvency specialist beneath the command over those individuals in the whose attention they have become designated, thirty five 35 “Het [Post 69 DBA] stelt den curator onder de- voortdurende controle van hen for the wier belang hij are aangesteld,” which understand the Explanatory Memorandum of one’s Dutch Insolvency Operate within the Sebastian Kortmann and Dennis Faber (eds), Geschiedenis van de- Faillissementswet. Heruitgave van Van der Feltz II (Wolters Kluwer, 2016), 8–nine. which means they is designed to deliver the the latter stars with a great quick and simple device to help you dictate brand new administration across the broke house. thirty six thirty six Dutch Ultimate Courtroom , 161: “(…) biedt aan de daarin genoemden een eenvoudige dentro de snelle mogelijkheid invloed uit te oefenen op het beheer more than de failliete boedel durante om, zo zij menen dat bij dit beheer fouten worden gemaakt, deze te doen herstellen away from voorkomen.” Blog post 69 of your DBA identifies that supervisory judge has when deciding to take a choice in this three days. When taking a choice in a blog post 69 processes, the fresh new supervisory legal effectively serves a whole lot more as an adjudicator than as the a manager.

This new interviews was partial-planned, following three layouts of your own venture (barriers, best practices and proper behaviour)

The new confluence of one’s supervisory role and also the adjudicatory part for the Article 69 actions might have been criticized in the Dutch legal literature. Brand new criticism revolved around the look of partiality of your own supervisory courtroom. Partiality could become problems if supervisory court takes a beneficial decision regarding a post 69 consult in the place of hearing each party of the fresh new argument, however, through the use of low-public record information and you may guidance from relaxed (preliminary) services on insolvency specialist. 37 37 Get a hold of such as for instance, Sijmen de Ranitz, “De- curator als onderhandelaar,” in H. Schoordijk mais aussi al. (eds), Rond de- tafel. De juridische kaders van het onderhandelen. Bogaerts en Groenen-bundel (Kluwer, 1999), 55; Wessels (over note 16), paragraph 4226. It enhances the concern as to the the total amount brand new supervisory role can also be go together which have several other part, like the adjudicatory that.

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).