Problems may also develop in the context of the treatment of the insolvency estate (Post 69 of DBA). Pursuant compared to that provision, creditors, new creditors’ panel additionally the borrower (or perhaps the debtor’s representatives) 33 33 Wessels (over note 16), part 4228. can be challenge people act of your own insolvency specialist to your supervisory judge otherwise instigate an order on supervisory legal your insolvency practitioner will be create a specific act otherwise is always to avoid a desired work. However, these serves, both the serves confronted and the acts inspired, have to get into the newest insolvency practitioner’s court task to deal with and you may liquidate the insolvency estate. 34 34 Ibid., part 4225. Look for plus Marinus Pannevis (ed), Polak’s Insolventierecht (14th edn) (Wolters Kluwer, 2017), paragraph 7.3.6.step 1. It provision throws the fresh insolvency specialist according to the control of those people in the whose attention he’s become designated, thirty five thirty-five “Het [Blog post 69 DBA] stelt den curator onder de voortdurende controle van hen in the wier belang hij are aangesteld,” by which see the Explanatory Memorandum of 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–nine. meaning that it is designed to deliver the aforementioned stars having good simple and quick device in order to influence the brand new administration along side broke property. thirty-six 36 Dutch Best Judge , 161: “(…) biedt aan de daarin genoemden een eenvoudige en snelle mogelijkheid invloed uit te oefenen op het beheer more than de failliete boedel durante om, zo zij menen dat bij dit beheer fouten worden gemaakt, deze te doen herstellen out-of voorkomen.” Article 69 of the DBA establishes that the supervisory courtroom features to take a decision inside 3 days. When you take a decision in an article 69 procedure, brand new supervisory judge efficiently serves way more while the an adjudicator than just as the a management.

The fresh interviews was indeed semi-arranged, following the around three themes of your endeavor (barriers, guidelines and you will strategic conduct)

The confluence of your supervisory role in addition to adjudicatory character in the Post 69 measures could have been slammed regarding the Dutch courtroom books. New issue revolved around the look of partiality of one’s supervisory courtroom. Partiality could become a problem when the supervisory legal requires good choice out-of an article 69 request as opposed to hearing both parties out-of new disagreement, however, by making use of non-public record information and you may guidance away from relaxed (preliminary) consultation services into insolvency professional. 37 37 Look for such as for instance, Sijmen de- Ranitz, “De- curator als onderhandelaar,” in the H. Schoordijk et al. (eds), Rond de tafel. De- juridische kaders van het onderhandelen. Bogaerts durante Groenen-bundel (Kluwer, 1999), 55; Wessels (a lot more than notice sixteen), paragraph 4226. That it raises the concern as to what extent the fresh new supervisory role can also be go hand-in-hand with another part, for instance the adjudicatory that.

3 Strategy Of your own EMPIRICAL Analysis

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 buddygays. 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).