施工実績

Problems may also occur in the context of treating the fresh insolvency home (Article 69 of one’s DBA). Pursuant to this supply, financial institutions, the new creditors’ committee together with borrower (or the debtor’s agents) 33 33 Wessels (a lot more than mention sixteen), section 4228. can also be problem any act of your insolvency professional into supervisory legal or instigate an order regarding supervisory judge that insolvency professional is to create a specific operate otherwise is always to refrain from a proposed operate. Nonetheless, such serves, both serves challenged while the acts inspired, need to fall into the latest insolvency practitioner’s legal activity to manage and you can liquidate brand new insolvency house. 34 34 Ibid., section 4225. Pick in addition to Marinus Pannevis (ed), Polak’s Insolventierecht (14th edn) (Wolters Kluwer, 2017), section 7.step 3.6.step 1. Which provision puts the brand new insolvency practitioner according to the control of men and women during the whoever focus he’s started designated, 35 35 “Het [Post 69 DBA] stelt den curator onder de- voortdurende controle van hen for the wier belang hij is actually aangesteld,” where understand the Explanatory Memorandum of your own Dutch Insolvency Work into the Sebastian Kortmann and Dennis Faber (eds), Geschiedenis van de Faillissementswet. Heruitgave van Van der Feltz II (Wolters Kluwer, 2016), 8–9. which means it will deliver the the latter stars that have a good quick and simple device so you can dictate the fresh government over the bankrupt house. thirty-six 36 Dutch Finest Legal , 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 out-of voorkomen.” Article 69 of DBA find the supervisory courtroom has actually when deciding to take a choice within this three days. When taking a decision from inside the a post 69 procedure, the new supervisory judge effectively serves much more since an enthusiastic adjudicator than just because the a manager.

The brand new interview was partial-prepared, following about three templates of your opportunity (barriers, best practices and you can proper behaviour)

The fresh confluence of one’s supervisory character and also the adjudicatory role inside Blog post 69 strategies might have been slammed on Dutch judge books. Brand new problem had to do with the appearance of partiality of one’s supervisory court. Partiality can become a problem if supervisory court requires an effective decision from a blog post 69 demand instead of reading both sides of the newest argument, however, by applying non-public information and guidance away from relaxed (preliminary) services for the insolvency professional. 37 37 Look for such, Sijmen de Ranitz, “De www.datingranking.net/hot-or-not-review curator als onderhandelaar,” for the H. Schoordijk ainsi que al. (eds), Rond de tafel. De juridische kaders van het onderhandelen. Bogaerts en Groenen-bundel (Kluwer, 1999), 55; Wessels (above note sixteen), section 4226. This raises the question to what the amount the supervisory role is wade together that have several other character, like the adjudicatory you to definitely.

3 Methods Of your own 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).