That it raises the concern from what the quantity the brand new supervisory role normally go in conjunction which have other role, for instance the adjudicatory that
Disputes can also develop relating to the treating of this new insolvency estate (Post 69 of your own DBA). Pursuant to that provision, financial institutions, the new creditors’ committee as well as the borrower (or even the debtor’s representatives) 33 33 Wessels (significantly more than notice sixteen), part 4228. can issue one work of one’s insolvency specialist on the supervisory courtroom otherwise instigate your order in the supervisory courtroom your insolvency practitioner will be perform a particular act or should refrain from a designated operate. Still, these types of serves, both acts challenged and acts inspired, need certainly to belong to the latest insolvency practitioner’s judge activity to manage and you may liquidate brand new insolvency property. 34 34 Ibid., section 4225. Look for plus Marinus Pannevis (ed), Polak’s Insolventierecht (14th edn) (Wolters Kluwer, 2017), part seven.step 3.six.1. So it provision sets the insolvency professional underneath the command over those individuals during the whoever interest they have become designated, thirty-five thirty five “Het [Post 69 DBA] stelt den curator onder de- voortdurende controle van hen during the wier belang hij are aangesteld,” which understand the Explanatory Memorandum of one’s Dutch Insolvency Work within 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 deliver the the second stars that have a great quick and simple instrument so you can dictate this new administration along side broke house. thirty six 36 Dutch Best Court , 161: “(…) biedt aan de- daarin genoemden een eenvoudige durante snelle mogelijkheid invloed uit te oefenen how does single muslim work op het beheer more than de failliete boedel en om, zo zij menen dat bij dit beheer fouten worden gemaakt, deze te doen herstellen out of voorkomen.” Article 69 of DBA determines that supervisory courtroom has to take a decision in this three days. When you take a decision for the a blog post 69 techniques, the brand new supervisory court efficiently serves so much more as a keen adjudicator than just like the a management.
This new confluence of your own supervisory character therefore the adjudicatory part when you look at the Post 69 actions has been slammed in the Dutch court books. This new complaint had to do with the appearance of partiality of your own supervisory courtroom. Partiality can be a problem in the event the supervisory judge takes a great decision away from an article 69 demand instead hearing both parties out of this new argument, however, through the use of low-public records and you will recommendations out of informal (preliminary) consultations into the insolvency practitioner. 37 37 Pick instance, Sijmen de- Ranitz, “De curator als onderhandelaar,” into 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 (over note sixteen), section 4226.
step three Strategy Of your own EMPIRICAL Data
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).