dos.step one Claims from the estate
If the a creditor argues he has a great pre-insolvency claim against the borrower, (s)he’s got to submit which claim with the insolvency practitioner for verification to be entitled to costs about continues. The brand new insolvency specialist provisionally recognizes that claim if the (s)he does not have arguments into the lives otherwise level of which claim. If after that no other creditor problems (the amount of) the allege, the verification fulfilling sets brand new validity of your submitted allege, therefore the collector involved have a tendency to express regarding continues. twenty-five twenty-five Based both the ranking of allege because better once the whether the property is sufficient to match the claim at issue. The brand new insolvency specialist often conflict the newest registered allege when the (s)they have one questions concerning your life of the amount of which claim, that could give rise to a conflict toward creditor. twenty-six twenty-six The new confirmation techniques are laid off in Article 110 et seq., DBA.
Pursuant to that particular procedure, the latest supervisory court should bother (at verification fulfilling) to achieve funds between your disputants. In case the argument across the claim resistant to the property can’t be resolved by money, the new supervisory courtroom will refer this new disagreement so you’re able to court proceedings up until the judge. twenty-seven 27 This is certainly also known as a good “renvooiprocedure” (allege validation continuing). Because of concept of mediation established in which contribution, it can be argued your supervisory court could have been assigned having a job that includes a “light” kind of mediation. 28 28 Rutger Schimmelpenninck, “De rol van de rechter c.q. rechter-commissaris,” during the Sebastian guyspy coupons Kortmann and you may 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 relate to that it practice just like the a light form of mediation, as the software is simply for the verification meeting.
dos.2 States of the home
The new part of the supervisory judge regarding problems up to claims of your own house facing businesses is quite restricted, as (s)he has got merely to select authorizing the fresh new insolvency practitioner to begin judge process on the part of the property. 31 29 Article 68(3), DBA. For example, issues involving the insolvency specialist plus the borrower can get rotate up to liability. Brand new interviewees given certain types of issues in which the (board away from) directors out of an insolvent limited liability company were held really responsible of the insolvency specialist.
The fresh new insolvency practitioner possess a selection of legislative bases in the his or her convenience to hang new panel of administrators – otherwise a single director – away from a friends together and you may severally accountable. The new insolvency specialist will get, inter alia, keep the movie director(s) responsible towards company for improper management on the basis of Post dos:9 of Dutch Civil Password (“DCC”) 30-30 Pursuant to that supply, the brand new manager is liable for damages sustained of the business given that off poor government. otherwise, below Articles 2: of one’s DCC, 30 30 Article 2:138, DCC is only relevant to your social limited-liability team. Post dos:248, DCC is the equivalent on individual limited-liability providers. Pursuant these types of provisions, this new administrators are responsible for the amount of that the costs off a pals is higher than the fresh new property after liquidation. (s)he can keep the manager(s) accountable to the insolvency estate to the poor show away from employment, in case it is plausible your incorrect performance of jobs are a significant cause for new insolvency. 32 32 There are also most other grounds on what new insolvency professional will get keep a manager individually liable. For further understanding on directors’ responsibility about Netherlands, select for example, H. De Groot, Bestuurdersaansprakelijkheid. Recht en Praktijk nr. ONR2 (Wolters Kluwer, 2011).