So it raises the matter from what extent the fresh supervisory role is also go in conjunction which have various other part, for instance the adjudicatory you to definitely
Disputes may arise in the context of the management of the insolvency estate (Blog post 69 of DBA). Pursuant to that supply, creditors, the fresh creditors’ panel plus the borrower (or the debtor’s agents) 33 33 Wessels (above note 16), section 4228. can challenge any work of one’s insolvency professional into the supervisory judge or start your order regarding supervisory legal your insolvency professional will be perform a certain work or should refrain from a designated work. Nevertheless, these acts, both serves challenged and also the acts instigated, need to fall into the latest insolvency practitioner’s legal task to manage and you will liquidate the fresh insolvency estate. 34 34 Ibid., paragraph 4225. Select as well as Marinus Pannevis (ed), Polak’s Insolventierecht (14th edn) (Wolters Kluwer, 2017), part seven.step three.6.1. This supply leaves new insolvency professional underneath the power over men and women into the whose attention he has got started appointed, 35 thirty-five “Het [Article 69 DBA] stelt den curator onder de- voortdurende controle van hen in wier belang hij is actually aangesteld,” for which understand the Explanatory Memorandum of your own Dutch Insolvency Act when you look at the Sebastian Kortmann and you may Dennis Faber (eds), Geschiedenis van de- Faillissementswet. Heruitgave van Van der Feltz II (Wolters Kluwer, 2016), 8–9. and therefore they aims to deliver the the latter actors having a quick and simple software in order to influence the newest government along the bankrupt estate. thirty-six thirty-six Dutch Supreme Courtroom , 161: “(…) biedt aan de- daarin genoemden een eenvoudige durante snelle mogelijkheid invloed uit te oefenen op het beheer more than de failliete boedel en om, zo zij menen dat bij dit beheer fouten worden gemaakt, deze te doen herstellen out-of voorkomen.” Article 69 of DBA find your supervisory court has actually when deciding to take a decision inside 3 days. When taking a choice inside an article 69 process, the supervisory legal effortlessly acts so much more given that an adjudicator than simply because the a supervisor.
The new confluence of your own supervisory role and adjudicatory character into the Post 69 steps might have been criticized on Dutch judge literary works. The latest grievance had to do with the appearance of partiality of the supervisory judge. Partiality could become problematic if the supervisory court takes a great choice off a post 69 request instead of reading both sides away from the fresh dispute, however, through the use of low-public records and you can advice talkwithstranger of relaxed (preliminary) consultation services into the insolvency practitioner. 37 37 Discover including, Sijmen de Ranitz, “De curator als onderhandelaar,” within the H. Schoordijk mais aussi al. (eds), Rond de tafel. De- juridische kaders van het onderhandelen. Bogaerts durante Groenen-bundel (Kluwer, 1999), 55; Wessels (significantly more than notice sixteen), paragraph 4226.
step 3 Methodology 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).