dos.1 Claims contrary to the property
In the event that a collector contends he has got a beneficial pre-insolvency claim against the debtor, (s)he’s add that claim towards insolvency professional to own verification to be entitled to costs regarding the proceeds. The brand new insolvency practitioner provisionally recognizes that claim in the event that (s)he doesn’t have arguments into lives otherwise level of that claim. If the upcoming hardly any other collector disputes (the amount of) the latest claim, the newest confirmation appointment set the latest legitimacy of your own submitted allege, which means creditor at issue tend to share regarding continues. twenty-five twenty five Based both ranking of your allege once the well as the whether or not the home is sufficient to satisfy the claim at issue. Brand new insolvency specialist will conflict this new filed allege in the event that (s)he’s got one issues regarding the existence of level of which claim, which could bring about a conflict with the collector. twenty six 26 The newest verification processes are put down when you look at the Article 110 ainsi que seq., DBA.
Pursuant compared to that method, the fresh new supervisory judge needs to bother (at the confirmation fulfilling) to get to money between your disputants. When your dispute across the allege up against the house can not be solved by the funds, this new supervisory legal will then recommend brand new disagreement to legal legal proceeding before judge. twenty-seven 27 It is known as an effective “renvooiprocedure” (claim validation continuing). In view of concept of mediation established in that it share, it can be argued that supervisory legal could have been tasked with a task filled with an excellent “light” types of mediation. 28 28 Rutger Schimmelpenninck, “De- rol van de- rechter c.q. rechter-commissaris,” inside 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 consider so it practice as a light version of mediation, as its software is limited by the latest confirmation fitness singles appointment.
2.2 States of the home
Brand new role of supervisory legal about issues as much as claims of your estate against businesses is rather minimal, while the (s)they have simply to try for permitting the fresh insolvency professional so you’re able to initiate court legal proceeding on behalf of this new property. 30 31 Article 68(3), DBA. Instance, disputes involving the insolvency professional as well as the debtor may rotate up to liability. New interviewees considering certain types of disputes the spot where the (panel regarding) administrators of an insolvent limited-liability company were held personally responsible of the insolvency specialist.
New insolvency professional keeps a selection of legislative angles during the his otherwise the girl discretion to hold the brand new board away from administrators – otherwise a single director – off a pals together and you may severally liable. This new insolvency practitioner will get, inter alia, keep the movie director(s) accountable into providers for incorrect administration on the basis of Post 2:nine of one’s Dutch Civil Password (“DCC”) 30-30 Pursuant to that supply, new movie director is likely to possess damages sustained by providers since the of poor administration. otherwise, lower than Blogs dos: of your own DCC, 29 29 Blog post 2:138, DCC is just relevant on the societal limited liability providers. Post 2:248, DCC is the comparable on individual limited liability providers. Pursuant to those terms, the fresh administrators is accountable for the level of that bills from a company exceeds this new assets immediately after liquidation. (s)he is able to hold the manager(s) accountable on insolvency estate to the incorrect efficiency off employment, if it’s plausible that inappropriate performance regarding employment is actually an important cause for the newest insolvency. 32 32 There are also almost every other factor on which brand new insolvency specialist may keep a director actually responsible. For further understanding to the directors’ accountability throughout the Netherlands, see particularly, H. De- Groot, Bestuurdersaansprakelijkheid. Recht en Praktijk nr. ONR2 (Wolters Kluwer, 2011).