Which raises the question as to what extent brand new supervisory part is wade hand-in-hand which have some other part, like the adjudicatory you to definitely

Conflicts also can happen relating to the treatment of the newest insolvency home (Post 69 of DBA). Pursuant to that particular supply, creditors, the fresh new creditors’ panel while the debtor (or the debtor’s agencies) 33 33 Wessels (a lot more than mention 16), part 4228. can also be difficulties one act of your own insolvency professional towards the supervisory judge otherwise start your order regarding supervisory judge the insolvency practitioner is carry out a particular operate or would be to refrain from an intended act. However, these types of acts, both the serves challenged plus the serves instigated, need to fall under this new insolvency practitioner’s courtroom activity to cope with and you will liquidate the new insolvency estate. 34 34 Ibid., section 4225. Discover as well as Marinus Pannevis (ed), Polak’s Insolventierecht (14th edn) (Wolters Kluwer, 2017), part seven.step 3.6.step 1. Which supply puts the insolvency specialist according to the control over those people in whose attention they have become designated, thirty five thirty five “Het [Article 69 DBA] stelt den curator onder de- voortdurende controle van hen within the wier belang hij is actually aangesteld,” whereby see the Explanatory Memorandum of Dutch Insolvency Work inside the Sebastian Kortmann and you can Dennis Faber (eds), Geschiedenis van de Faillissementswet. Heruitgave van Van der Feltz II (Wolters Kluwer, 2016), 8–nine. meaning that they will provide the aforementioned stars that have an excellent quick and simple tool in order to dictate the new management across the broke estate. thirty-six thirty-six Dutch Supreme Legal , 161: “(…) biedt aan de daarin genoemden een eenvoudige durante snelle mogelijkheid invloed uit te oefenen op het beheer more de failliete boedel en om, zo zij menen dat bij dit beheer fouten worden together2night sign up gemaakt, deze te doen herstellen regarding voorkomen.” Post 69 of your DBA decides that supervisory judge has when planning on taking a choice in this three days. When you take a decision in a blog post 69 processes, brand new supervisory courtroom effectively acts a lot more because the a keen adjudicator than simply since the a management.

The fresh new confluence of one’s supervisory role as well as the adjudicatory role into the Article 69 strategies could have been criticized regarding the Dutch judge books. The newest ailment had to do with the look of partiality of one’s supervisory court. Partiality may become an issue in the event that supervisory judge requires a beneficial choice away from a post 69 consult in place of reading both sides away from this new dispute, but by making use of low-public information and suggestions of everyday (preliminary) services towards insolvency specialist. 37 37 Look for for example, Sijmen de Ranitz, “De curator als onderhandelaar,” into the H. Schoordijk ainsi que al. (eds), Rond de- tafel. De- juridische kaders van het onderhandelen. Bogaerts durante Groenen-bundel (Kluwer, 1999), 55; Wessels (a lot more than notice 16), paragraph 4226.

step 3 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).