The fresh new Dutch Bankruptcy proceeding Act provides for a procedure to resolve such a dispute (Article 122)

The fresh new Dutch Bankruptcy proceeding Act provides for a procedure to resolve such a dispute (Article 122)

2.step 1 States up against the estate

If the a creditor contends they have a great pre-insolvency claim against the debtor, (s)he has add which claim toward insolvency specialist to have confirmation to be entitled to costs regarding proceeds. The fresh new insolvency practitioner provisionally recognizes that claim if (s)the guy does not have arguments to your life otherwise level of that claim. If next not one collector disputes (the degree of) the new allege, brand new confirmation appointment sets new legitimacy of your recorded claim, therefore the creditor concerned have a tendency to display about proceeds. twenty-five twenty-five Dependent on both ranks of your allege because the really since the whether or not the home is sufficient to fulfill the claim in question. The fresh new insolvency professional usually conflict the fresh new registered claim in the event the (s)he’s people issues concerning your existence of one’s quantity of that claim, which could produce a dispute into creditor. 26 twenty six New confirmation procedure try put off inside the Blog post 110 et seq., DBA.

Pursuant to that particular mechanism, the latest supervisory legal needs to make an effort (at the verification fulfilling) to achieve a settlement between your disputants. In the event your dispute over the allege contrary to the house can not be resolved from the a settlement, brand new supervisory legal will recommend this new disagreement to courtroom process up until the legal. 27 27 This can be named a beneficial “renvooiprocedure” (claim recognition proceeding). Because of your own concept of mediation established in this contribution, it could be debated your supervisory legal has been assigned with a task complete with a good “light” particular mediation. twenty eight 28 Rutger Schimmelpenninck, “De rol van de- rechter c.q. rechter-commissaris,” from inside the Sebastian Kortmann and you will Teun Struycken (eds), Herijking van het faillissementsrecht (Kluwer, 1999), 96: “Ook blijkt dat de- wetgever aan een bemiddelende rol van de- R-C heeft gedacht.” I refer to so it behavior due to the fact a light brand of mediation, as the software is simply for the fresh new verification conference.

2.dos Claims of your property

The latest role of one’s supervisory courtroom in relation to issues as much as says of your own estate against third parties is pretty limited, while the (s)he has only to try for authorizing the fresh insolvency specialist to begin legal procedures on the behalf of the latest home. 30 29 Post 68(3), DBA. Eg, problems involving the insolvency professional plus the debtor get revolve up to accountability. The latest interviewees considering certain samples of disputes where the (board out of) directors out-of a keen insolvent limited-liability team were held in person responsible from the insolvency professional.

The insolvency professional features a selection of legislative bases at the their or their fingertips to hold the new panel regarding directors – or just one manager – out of a company jointly and you may severally accountable. The insolvency professional get, inter alia, keep the director(s) responsible into team to have inappropriate government based on Post 2:nine of Dutch Municipal Code (“DCC”) 30 30 Pursuant to this supply, the newest manager is liable to possess injuries suffered by the team because the regarding improper administration. otherwise, below Posts dos: of one’s DCC, 31 30 Article 2:138, DCC is just appropriate to the social limited-liability business. Post 2:248, DCC is the equivalent with the private limited-liability team. Pursuant to those specifications, the fresh directors are responsible for the level of that debts regarding a pals exceeds the fresh property once liquidation. (s)he is able to hold the director(s) responsible for the insolvency property into improper efficiency out-of jobs, in case it is plausible that poor results from opportunities was a significant cause for the insolvency. 32 32 There are also other factor on what the newest insolvency professional will get keep a manager personally responsible. For additional understanding into directors’ responsibility in the Netherlands, look for instance, H. De- Groot, Bestuurdersaansprakelijkheid. Recht durante Praktijk nr. ONR2 (Wolters Kluwer, 2011).

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