Ana Célia Costa
março 10, 2023

The fresh Dutch Personal bankruptcy Operate offers up a system to resolve such as for example a dispute (Article 122)

The fresh Dutch Personal bankruptcy Operate offers up a system to resolve such as for example a dispute (Article 122)

2.1 States up against the house

When the a creditor contends he has got a good pre-insolvency allege up against the borrower, (s)he’s got add which claim into the insolvency specialist for confirmation to become entitled to repayments in the proceeds. New insolvency professional provisionally recognizes that allege in the event the (s)the guy doesn’t always have arguments into the lives or number of that claim. When the upcoming not one creditor problems (the amount of) the brand new allege, the new confirmation fulfilling sets brand new validity of the recorded allege, and so the creditor in question usually display on proceeds. twenty-five twenty-five Dependent on both the positions of claim given that really while the perhaps the property is enough to satisfy the claim in question. The new insolvency practitioner commonly disagreement the fresh recorded allege if (s)he’s one concerns regarding the lives of the quantity of which claim, which could bring about a conflict to your collector. twenty-six 26 The brand new verification process is actually applied down in the Blog post 110 ainsi que seq., DBA.

Pursuant to this device, the brand new supervisory courtroom has to make the effort (within verification conference) to get to money amongst the disputants. In the event your conflict along side allege contrary to the estate can not be solved of the a settlement, the newest supervisory courtroom will send the dispute to help you judge process through to the courtroom. 27 27 This is exactly called an excellent “renvooiprocedure” (claim validation proceeding). In view of concept of mediation created in which sum, it could be argued your supervisory court might have been assigned which have a role that includes a beneficial “light” sorts of mediation. twenty-eight 28 Rutger Schimmelpenninck, “De rol van de rechter c.q. rechter-commissaris,” during 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 refer to this habit once the a white sort of mediation, as its software is limited by the fresh verification conference.

2.dos Says of house

The fresh role of the supervisory legal with regards to disputes to states of your own house up against third parties is pretty limited, once the (s)he has just to buy permitting the brand new insolvency professional so you can start courtroom legal proceeding for the fresh new house. 29 31 Post 68(3), DBA. Such as for example, disputes amongst the insolvency specialist additionally the borrower get rotate as much as responsibility. The latest interviewees provided individuals examples of disputes where in actuality the (board away from) directors out-of an enthusiastic insolvent limited liability team were held myself liable because of the insolvency specialist.

New insolvency practitioner has a range of legislative basics in the his otherwise her convenience to hang the board regarding directors – otherwise one manager – of a buddies together and severally responsible. The newest insolvency professional may, inter alia, secure the manager(s) responsible to the company having poor administration on such basis as Post dos:9 of your own Dutch Municipal Code (“DCC”) 30-30 Pursuant compared to that provision, the brand new manager is liable to own damages suffered because of the team because regarding improper government. or, around Posts 2: of the DCC, 30 31 Post 2:138, DCC is appropriate on the personal limited liability business. Blog post 2:248, DCC is the equivalent with the personal limited-liability company. Pursuant to those terms, the brand new directors is responsible for the amount of that the bills out of a friends is higher than the latest property once liquidation. (s)he can support the director(s) accountable on seniorpeoplemeet insolvency house into inappropriate abilities off employment, if it’s probable the improper overall performance off jobs are an essential cause for the fresh insolvency. 32 thirty-two There are even almost every other basis about what the new insolvency professional will get hold a manager individually liable. For further understanding into directors’ liability regarding the Netherlands, get a hold of such, H. De- Groot, Bestuurdersaansprakelijkheid. Recht dentro de Praktijk nr. ONR2 (Wolters Kluwer, 2011).