dos.1 States resistant to the house
If a creditor contends he’s a beneficial pre-insolvency claim up against the debtor, (s)he’s add that claim for the insolvency practitioner for confirmation to be qualified to receive money regarding the proceeds. The fresh new insolvency specialist provisionally understands that allege in the event that (s)he doesn’t always have objections into life otherwise level of that claim. In the event that up coming no other creditor issues (the amount of) the fresh allege, the new verification appointment kits the fresh authenticity of registered claim, which means creditor in question will share in the proceeds. 25 25 According to the ranking of your allege as the well once the if the home is sufficient to fulfill the allege concerned. The new insolvency specialist usually conflict the fresh registered allege in the event that (s)he has people questions regarding the life of one’s amount of which claim, that could bring about a dispute to the collector. 26 twenty six Brand new confirmation procedure are put off in the Blog post 110 et seq., DBA.
Pursuant to that procedure, the new supervisory courtroom should make the effort (on confirmation fulfilling) to attain money amongst the disputants. Whether your disagreement along side claim up against the house can not be solved of the funds, the new supervisory courtroom will send the fresh new disagreement so you can court procedures up until the legal. twenty seven twenty seven This is certainly described as a beneficial “renvooiprocedure” (allege recognition continuing). Because of your definition of mediation created in it share, it can be contended your supervisory judge might have been assigned having a role that includes a “light” types of mediation. twenty-eight twenty eight Rutger Schimmelpenninck, “De- rol van de rechter c.q. rechter-commissaris,” into the Sebastian Kortmann and 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.” We relate to so it behavior as a light types of mediation, as the software is simply for the fresh confirmation appointment.
dos.2 States of the property
The fresh new role of one’s supervisory court about disputes up to states of your home up against businesses is rather limited, since (s)he has got only to go for permitting the brand new insolvency practitioner in order to initiate legal procedures with respect to the fresh new home. 31 29 qeep coupon Article 68(3), DBA. Such as for example, disputes involving the insolvency practitioner additionally the debtor could possibly get revolve up to accountability. The new interviewees considering individuals types of issues the spot where the (board out of) administrators off an enthusiastic insolvent limited-liability business took place directly responsible from the insolvency specialist.
The latest insolvency practitioner have various legislative angles in the his or this lady disposal to hold the fresh new board out-of administrators – or a single director – from a friends as you and you may severally accountable. This new insolvency practitioner can get, inter alia, hold the director(s) responsible into the team having poor government based on Blog post 2:9 of one’s Dutch Municipal Password (“DCC”) 30-30 Pursuant to this supply, the fresh manager is likely to possess damage sustained by the team just like the of inappropriate government. otherwise, not as much as Blogs dos: of your DCC, 29 30 Post dos:138, DCC is only relevant to the societal limited-liability business. Blog post 2:248, DCC is the equivalent to your private limited liability business. Pursuant to the conditions, this new administrators was responsible for the degree of that costs off a family is higher than the new property shortly after liquidation. (s)he is able to keep the movie director(s) liable with the insolvency property towards the inappropriate show regarding jobs, if it’s possible that the incorrect show from tasks is actually an essential cause of the fresh insolvency. 32 thirty two There are also other basis about what the fresh insolvency professional will get keep a director yourself responsible. For further understanding to the directors’ liability about Netherlands, get a hold of such as, H. De Groot, Bestuurdersaansprakelijkheid. Recht dentro de Praktijk nr. ONR2 (Wolters Kluwer, 2011).