This enhances the matter as to what extent the brand new supervisory part normally go hand in hand that have various other character, for instance the adjudicatory you to
Issues may arise relating to treating the newest insolvency estate (Article 69 of your own DBA). Pursuant to this supply, financial institutions, this new creditors’ panel therefore the borrower (or the debtor’s representatives) 33 33 Wessels (over notice sixteen), paragraph 4228. can difficulties one work of your insolvency professional with the supervisory legal or instigate your order on supervisory court your insolvency professional should do a specific operate or is to avoid a proposed operate. Still, these serves, both the acts challenged plus the serves instigated, need to fall into the fresh new insolvency practitioner’s judge task to deal with and you will liquidate brand new insolvency home. 34 34 Ibid., part 4225. Pick including Marinus Pannevis (ed), Polak’s Insolventierecht (14th edn) (Wolters Kluwer, 2017), part 7.3.6.step one. Which supply leaves new insolvency professional under the command over the individuals inside whoever appeal he’s got started appointed, thirty five 35 “Het [Article 69 DBA] stelt den curator onder de voortdurende controle van hen into the wier belang hij is actually aangesteld,” in which see the Explanatory Memorandum of the Dutch Insolvency Work within the Sebastian Kortmann and you can Dennis Faber (eds), Geschiedenis van de Faillissementswet. Heruitgave van Van der Feltz II (Wolters Kluwer, 2016), 8–9. meaning that it is designed to provide the aforementioned stars which have an effective simple and quick software to dictate the latest administration across the broke house. thirty-six thirty six Dutch Finest Judge , 161: “(…) biedt aan de- daarin genoemden een eenvoudige durante snelle mogelijkheid invloed uit te oefenen op het beheer more than de failliete boedel dentro de om, zo zij menen menchats login dat bij dit beheer fouten worden gemaakt, deze te doen herstellen from voorkomen.” Post 69 of your DBA establishes that supervisory judge provides when planning on taking a decision in this 3 days. When taking a choice within the an article 69 process, new supervisory judge effectively acts significantly more as the a keen adjudicator than due to the fact a management.
The brand new confluence of supervisory character in addition to adjudicatory part inside Article 69 measures might have been criticized throughout the Dutch courtroom literature. This new grievance revolved around the appearance of partiality of one’s supervisory judge. Partiality can be problems in the event that supervisory court takes a choice out-of an article 69 request instead of reading both parties off the argument, however, by applying low-public records and you may pointers off relaxed (preliminary) consultation services into the insolvency specialist. 37 37 Get a hold of such as, Sijmen de Ranitz, “De- curator als onderhandelaar,” during the H. Schoordijk ainsi que al. (eds), Rond de- tafel. De- juridische kaders van het onderhandelen. Bogaerts dentro de Groenen-bundel (Kluwer, 1999), 55; Wessels (over mention 16), section 4226.
3 Strategy Of your 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).