2.1 States contrary to the estate
When the a creditor argues he’s a great pre-insolvency claim up against the borrower, (s)he’s to submit which claim on the insolvency professional to own verification to be qualified to receive money about proceeds. The fresh new insolvency specialist provisionally recognizes that allege when the (s)he doesn’t have arguments to your lifetime or number of that claim. In the event the up coming few other collector disputes (the amount of) the brand new allege, the new confirmation fulfilling set new authenticity of the submitted claim, therefore the creditor under consideration often display about proceeds. twenty-five twenty-five Depending on both ranking of claim because better once the whether or not the home is sufficient to match the allege concerned. New insolvency practitioner usually disagreement the newest registered claim if (s)they have any issues regarding the lifestyle of your amount of which claim, that may give rise to a conflict into creditor. twenty-six twenty-six The brand new confirmation procedure try laid down in Article 110 ainsi que seq., DBA.
Pursuant compared to that procedure, new supervisory court needs to bother (at the verification meeting) to achieve funds between the disputants. In case your argument over the allege resistant to the home can’t be fixed of the funds, the fresh supervisory court will then refer brand new disagreement so you can legal process until the court. twenty-seven twenty-seven That is described as a beneficial “renvooiprocedure” (claim recognition continuing). Because of your own definition of mediation established in which share, it can be debated that the supervisory court could have been assigned which have a task complete with a great “light” particular mediation. twenty-eight twenty-eight Rutger Schimmelpenninck, “De- rol van de- rechter c.q. rechter-commissaris,” within the Sebastian Kortmann and you can 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 reference this behavior as the a light sort of mediation, as its application is simply for brand new verification fulfilling.
2.dos States of one’s home
Brand new part of the supervisory judge about disputes doing states of your house facing businesses is pretty restricted, just like the (s)he’s got merely to opt for authorizing the brand new insolvency practitioner so you can begin court legal proceeding on the behalf of the brand new estate. 31 30 Article 68(3), DBA. Like, problems between the insolvency practitioner and borrower can get rotate as much as responsibility. The latest interviewees considering certain samples of conflicts in which the (board from) directors regarding an insolvent limited liability company were held truly responsible from the insolvency practitioner.
Brand new insolvency specialist has actually various legislative basics on his otherwise the woman fingertips to hang the fresh new panel regarding directors – otherwise an individual director – out-of a buddies as you and you may severally liable. The insolvency specialist will get, inter alia, secure the director(s) liable on the business for incorrect government based on Blog post 2:nine of Dutch Municipal Code (“DCC”) 30 30 Pursuant compared to that supply, the movie director is liable to have damages sustained because of the organization while the from poor administration. otherwise, less than chappy Articles 2: of one’s DCC, 31 30 Article dos:138, DCC is only appropriate toward societal limited liability company. Blog post dos:248, DCC ‘s the similar to the personal limited-liability company. Pursuant to those provisions, the latest directors try accountable for the degree of which the expenses out-of a buddies is higher than this new property just after liquidation. (s)he is able to keep the director(s) responsible towards the insolvency house to the inappropriate show off tasks, when it is plausible that the poor show out of opportunities is an essential reason for new insolvency. 32 thirty-two There are also most other basis on which brand new insolvency professional could possibly get keep a manager yourself liable. For further reading to the directors’ liability from the Netherlands, come across such as for example, H. De Groot, Bestuurdersaansprakelijkheid. Recht dentro de Praktijk nr. ONR2 (Wolters Kluwer, 2011).