That it raises the concern as to the the total amount the fresh new supervisory character is also wade in conjunction that have other role, such as the adjudicatory you to
Issues may also develop in the context of treating the fresh insolvency home (Blog post 69 of the DBA). Pursuant to that particular supply, financial institutions, the new creditors’ committee and debtor (or perhaps the debtor’s agents) 33 33 Wessels (significantly more than notice 16), part 4228. is challenge people operate of insolvency practitioner towards the supervisory court otherwise start an order from the supervisory courtroom the insolvency specialist is always to carry out a particular act otherwise is to avoid an intended operate. However, such acts, the serves confronted and acts inspired, need to end up in the newest insolvency practitioner’s courtroom task to manage and liquidate new insolvency property. 34 34 Ibid., section 4225. Select and Marinus Pannevis (ed), Polak’s Insolventierecht (14th edn) (Wolters Kluwer, 2017), part eight.3.six.step one. So it provision places new insolvency professional beneath the control over those people inside the whoever desire he’s been appointed, thirty five thirty-five “Het [Article 69 DBA] stelt den curator onder de voortdurende controle van hen during the wier belang hij is aangesteld,” which understand the Explanatory Memorandum of Dutch Insolvency Work in the Sebastian Kortmann and Dennis Faber (eds), Geschiedenis van de- Faillissementswet. Heruitgave van Van der Feltz II (Wolters Kluwer, 2016), 8–9. and thus they will supply the the latter actors having a beneficial quick and simple appliance to help you determine this new administration across the broke property. thirty-six thirty six Dutch Ultimate Judge , 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 the DBA identifies that supervisory court has when planning on taking a decision inside three days. When you take a decision in a blog post 69 process, the latest supervisory judge effectively acts a great deal more as an adjudicator than just once the a supervisor.
The fresh new confluence of your supervisory character plus the adjudicatory character for the Post 69 strategies has been slammed regarding the Dutch courtroom literature. The latest criticism had to do with the appearance of partiality of your own supervisory courtroom. Partiality could become an issue if supervisory courtroom requires an effective decision of a blog post 69 consult in the place of hearing both sides out-of the new argument, but by applying non-public records and suggestions of relaxed (preliminary) consultations on insolvency practitioner. 37 37 Pick such as for instance, Sijmen de- Ranitz, “De- curator als onderhandelaar,” from http://www.datingranking.net/tsdates-review inside the H. Schoordijk et al. (eds), Rond de tafel. De- juridische kaders van het onderhandelen. Bogaerts en Groenen-bundel (Kluwer, 1999), 55; Wessels (above mention sixteen), section 4226.
step 3 Methodology Of the 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. 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).