Maarten Remmink is working on a dissertation with the working title 'Rechtsvorderingen en insolventie'. This (doctoral) research project deals with the consequences of bankruptcy for pending and pending legal actions. Or more broadly: the effects of bankruptcy on civil proceedings.
The regulation on proceedings in case of bankruptcy is contained in Articles 25 to 32 of the Bankruptcy Act. Among other things, those articles guarantee the equality of creditors. They are at the intersection of substantive and formal insolvency law and give rise to fundamental questions of bankruptcy (procedural) law. These include the legal position of the bankrupt in proceedings concerning his assets and the influence of creditors on the settlement of the bankruptcy.
A comprehensive study of Articles 25 et seq seems to be lacking to date. This is unfortunate. After all, the articles are not easy to understand but are important for the proper resolution of bankruptcy. The aim of this study is therefore to clarify the existing regulation on procedures in bankruptcy, and where it seems appropriate to do so, suggest improvements to the regulation.
The study starts with an inventory of the principles on which the current regime rests. It will then focus on the relevant interests in bankruptcy proceedings. The first part of the study will conclude with a chapter discussing relevant developments since the introduction of the Bankruptcy Act (1896). In the second part of the study - from the framework outlined in the first part - the applicable law will be described. An attempt will also be made to depict the governing law schematically (in a flow chart).