dos.step 3 Management of the newest property (post 69 of one’s DBA)

So it enhances the concern about what the quantity brand new supervisory part normally wade in conjunction which have several other part, like the adjudicatory one to

Problems may develop relating to the management of this new insolvency estate (Blog post 69 of DBA). Pursuant compared to that supply, financial institutions, the fresh creditors’ panel and the borrower (and/or debtor’s agents) 33 33 Wessels (significantly more than mention 16), part 4228. can issue one act of the insolvency specialist into the supervisory judge otherwise instigate your order regarding supervisory courtroom that the insolvency specialist will be manage a specific act otherwise will be abstain from a proposed act. Nonetheless, such serves, both the acts challenged and the acts instigated, have to fall into the latest insolvency practitioner’s judge activity to deal with and liquidate the latest insolvency property. 34 34 Ibid., part 4225. See as well as Marinus Pannevis (ed), Polak’s Insolventierecht (14th edn) (Wolters Kluwer, 2017), part 7.3.6.1. So it provision leaves the fresh insolvency specialist within the power over men and women in whose attention he has started designated, thirty five thirty-five “Het [Article 69 DBA] stelt den curator onder de- voortdurende controle van hen within the wier belang hij was aangesteld,” in which see the Explanatory Memorandum of the Dutch Insolvency Work inside Sebastian Kortmann and you can Dennis Faber (eds), Geschiedenis van de- Faillissementswet. Heruitgave van Van der Feltz II (Wolters Kluwer, 2016), 8–9. which means that they will deliver the the latter stars that have a beneficial simple and quick appliance to help you determine the new government over the broke house. thirty-six 36 Dutch Ultimate Courtroom , 161: “(…) biedt aan de- daarin genoemden een eenvoudige durante snelle mogelijkheid invloed uit te oefenen 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.” Post 69 of your own DBA establishes your supervisory courtroom provides for taking a choice inside three days. When you take a choice into the a blog post 69 procedure, brand new supervisory courtroom effectively acts significantly more because an adjudicator than given that a management.

The fresh confluence of one’s supervisory part and the adjudicatory character in the Article 69 steps could have been criticized from the Dutch judge literary works. The newest problem revolved around the appearance of partiality of supervisory judge. Partiality becomes difficulty in the event that supervisory courtroom takes a great choice regarding a post 69 request in place of hearing each party of brand new dispute, but by applying low-public records and information regarding informal (preliminary) services to the insolvency practitioner. 37 37 Pick including, 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 datingranking.net/loveaholics-review (over note sixteen), part 4226.

step three Methodology Of one’s EMPIRICAL Studies

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).