The brand new Dutch Personal bankruptcy Act provides for a process to resolve such as for example a conflict (Article 122)

dos.1 Says contrary to the property

When the a collector contends he has got good pre-insolvency allege against the borrower, (s)they have to submit that claim with the insolvency practitioner to own verification to become entitled to repayments on continues. The latest insolvency professional provisionally recognizes that claim if the (s)the guy does not have objections to the lifestyle otherwise number of which claim. In the event the next few other creditor problems (the amount of) new claim, the new confirmation appointment sets the brand new authenticity of one’s recorded allege, which means creditor at issue commonly express regarding continues. twenty-five 25 Depending on the positions of your claim once the really as whether or not the house is enough to satisfy the claim at issue. The insolvency professional have a tendency to conflict this new recorded allege in the event that (s)he has any inquiries about your lifetime of one’s amount of that claim, which may produce a conflict on the creditor. twenty-six twenty-six Brand new confirmation techniques is actually put down in Blog post 110 ainsi que seq., DBA.

Pursuant to that method, the fresh new supervisory legal must bother (at the confirmation appointment) to reach money involving the disputants. In case your disagreement over the allege contrary to the estate can’t be resolved by the funds, the new supervisory court will then send new dispute to help you judge process before the judge. twenty-seven twenty-seven This can be also known as an excellent “renvooiprocedure” (allege validation continuing). In view of your own concept of mediation created in so it sum, it could be debated your supervisory legal has been assigned that have a task that includes a beneficial “light” variety of mediation. twenty-eight 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 make reference to that it behavior due to the fact a white brand of mediation, as the application is simply for new verification meeting.

2.2 Says of your house

This new role of supervisory courtroom when it comes to conflicts around states of the house against third parties is pretty restricted, as (s)they have in order to select permitting new insolvency specialist in order to begin legal proceedings on behalf of the new home. 30 30 Blog post 68(3), DBA. Including, conflicts amongst the insolvency practitioner and also the borrower could possibly get revolve doing liability. The new interviewees offered various samples of issues where in fact the (board away from) directors out of an enthusiastic insolvent limited liability business took place yourself accountable by the insolvency practitioner.

Brand new insolvency practitioner possess a range of legislative bases on their or her fingertips to hold the fresh board out-of administrators – otherwise one director – away from a friends jointly and you can severally liable. The fresh new insolvency professional can get, inter alia, hold the movie director(s) liable towards business having improper administration based on Blog post dos:nine of one’s Dutch Civil Password (“DCC”) 30-30 Pursuant to this supply, new director is likely having injuries sustained of the providers as the out of inappropriate government. or, lower than Articles dos: of DCC, 29 31 Article dos:138, DCC is just applicable on public limited-liability providers. Article 2:248, DCC is the equivalent toward personal limited liability team. Pursuant these types of provisions, the fresh directors is actually responsible for the amount of that your bills regarding a pals exceeds new property immediately after liquidation. (s)he is able to secure the director(s) accountable into insolvency home on improper performance out-of work, when it is plausible that the inappropriate results regarding jobs try a significant cause of the latest insolvency. 32 32 There are also almost every other basis about what the new insolvency practitioner can get keep a movie director https://datingranking.net/chatib-review/ actually accountable. For further discovering toward directors’ responsibility throughout the Netherlands, select such as, H. De- Groot, Bestuurdersaansprakelijkheid. Recht en Praktijk nr. ONR2 (Wolters Kluwer, 2011).