The brand new Dutch Case of bankruptcy Operate provides for a system to respond to including a conflict (Article 122)

2.step 1 Says up against the home

If a collector contends they have a great pre-insolvency allege contrary to the debtor, (s)he has got add which claim into the insolvency professional for confirmation in order to be qualified to receive costs regarding continues. The newest insolvency professional provisionally understands that allege in the event the (s)he doesn’t always have objections towards the lifetime otherwise level of which claim. In the event the after that not one collector issues (the degree of) the new allege, the fresh new confirmation meeting kits the new legitimacy of your submitted allege, which means creditor involved tend to display on the proceeds. 25 twenty five Dependent https://datingranking.net/coffee-meets-bagel-review/ on both ranks of claim once the well as if the estate is enough to fulfill the claim in question. The latest insolvency practitioner will dispute brand new submitted allege in the event the (s)he has got one issues regarding your existence of your own number of which claim, that may bring about a conflict for the collector. 26 twenty six The latest verification process try put down when you look at the Article 110 mais aussi seq., DBA.

Pursuant to that device, the brand new supervisory legal should make the effort (at the verification fulfilling) to achieve money between the disputants. If the dispute over the allege against the house can’t be solved from the funds, the brand new supervisory legal will then send the disagreement so you’re able to court procedures up until the judge. twenty seven twenty seven This really is known as an effective “renvooiprocedure” (allege validation continuing). Because of your concept of mediation created in that it sum, it can be contended that the supervisory court could have been assigned that have a role including a good “light” kind of mediation. twenty-eight twenty eight Rutger Schimmelpenninck, “De- rol van de- rechter c.q. rechter-commissaris,” inside 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.” I relate to which behavior just like the a white sort of mediation, as its software program is limited by the newest confirmation meeting.

2.2 Claims of one’s house

The role of your supervisory judge when it comes to issues up to states of your home against third parties is quite limited, given that (s)he has only to buy authorizing the newest insolvency practitioner in order to begin judge procedures for this new property. 30 31 Article 68(3), DBA. For example, problems involving the insolvency practitioner while the debtor may rotate as much as accountability. The fresh new interviewees provided various examples of conflicts where the (panel regarding) directors from an enthusiastic insolvent limited-liability company happened in person accountable from the insolvency professional.

This new insolvency professional possess a variety of legislative angles during the their otherwise her disposal to hang the fresh panel off administrators – or just one manager – of a buddies together and you will severally accountable. The latest insolvency practitioner could possibly get, inter alia, keep the movie director(s) liable for the providers for improper government on the basis of Article dos:9 of Dutch Civil Code (“DCC”) 30-30 Pursuant to that supply, this new manager is liable getting problems suffered by team just like the away from inappropriate administration. or, lower than Articles 2: of the DCC, 31 29 Blog post dos:138, DCC is just applicable on societal limited liability team. Blog post 2:248, DCC ‘s the equivalent towards the individual limited-liability providers. Pursuant to those provisions, the brand new directors was responsible for the level of that the debts off a friends is higher than the newest possessions after liquidation. (s)he is able to secure the movie director(s) responsible into insolvency home to your incorrect results from jobs, in case it is plausible that incorrect overall performance regarding tasks is actually an essential cause for the fresh insolvency. thirty-two thirty-two There are even almost every other grounds on which the newest insolvency practitioner can get hold a director privately liable. For further learning to your directors’ accountability on the Netherlands, find instance, H. De Groot, Bestuurdersaansprakelijkheid. Recht dentro de Praktijk nr. ONR2 (Wolters Kluwer, 2011).