It enhances the concern as to what the quantity new supervisory character is go hand in hand having other role, like the adjudicatory one to

Issues may also arise in the context of treating brand new insolvency estate (Blog post 69 of your DBA). Pursuant compared to that supply, financial institutions, new creditors’ panel as well as the debtor (or the debtor’s representatives) 33 33 Wessels (more than note sixteen), part 4228. can also be issue any work of your own insolvency specialist for the supervisory court otherwise start your order from the supervisory judge the insolvency practitioner will be perform a particular work otherwise will be abstain from a desired act. Nevertheless, these serves, both the acts challenged and also the serves inspired, need to end up in the insolvency practitioner’s legal task to manage and you may liquidate the insolvency home. 34 34 Ibid., section 4225. Select including Marinus Pannevis (ed), Polak’s Insolventierecht (14th edn) (Wolters Kluwer, 2017), section seven.3.six.step one. So it supply leaves the new insolvency specialist beneath the control over those people for the whose interest he has got already been appointed, 35 35 “Het [Article 69 DBA] stelt den curator onder de- voortdurende controle van hen during the wier belang hij is actually aangesteld,” for which understand the Explanatory Memorandum of one’s Dutch Insolvency Operate into the Sebastian Kortmann and you may Dennis Faber (eds), Geschiedenis van de Faillissementswet. Heruitgave van Van der Feltz II (Wolters Kluwer, 2016), 8–nine. and therefore it will provide the the second actors that have good simple and quick means so you can determine the newest government across the bankrupt property. 36 36 Dutch Best Courtroom , 161: “(…) biedt aan de- daarin genoemden een eenvoudige en snelle mogelijkheid invloed uit te oefenen op het beheer more de- failliete boedel durante om, zo zij menen dat bij dit beheer fouten worden gemaakt, deze te doen herstellen off voorkomen.” Post 69 of one’s DBA decides the supervisory legal keeps when deciding to take a choice in this 3 days. When you take a choice into the a post 69 process, the supervisory judge efficiently acts so much more as the an adjudicator than just since a management.

New confluence of one’s supervisory character as well as the adjudicatory role in Blog post 69 methods has been slammed from the Dutch legal books. The brand new issue had to do with the look of partiality of one’s supervisory courtroom. Partiality becomes an issue if the supervisory court takes a decision away from an article 69 demand versus hearing both parties away from the latest dispute, but by making use of non-public information and you can information regarding relaxed (preliminary) consultation services toward insolvency professional datingranking.net/planetromeo-review/. 37 37 Find such, Sijmen de- Ranitz, “De curator als onderhandelaar,” in the H. Schoordijk mais aussi al. (eds), Rond de tafel. De juridische kaders van het onderhandelen. Bogaerts durante Groenen-bundel (Kluwer, 1999), 55; Wessels (above note 16), part 4226.

3 Methodology Of the EMPIRICAL Research

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).