During the OO&R symposium on 17 May 2016, Toni van Hees gave a presentation on the role of the trustee in bankruptcy in combating bankruptcy fraud. The reason for this presentation stems from the ongoing legislative programme ‘Reassessment of bankruptcy law’ (Herijking faillissementsrecht) in which combating bankruptcy fraud plays an important part.
Two out three bills submitted in this context have already been adopted by the Senate and are expected to enter into force on 1 July 2016. For more information see the previously published blog “Senate agrees with bills on bankruptcy fraud”.
Toni van Hees questions whether the trustee in bankruptcy will use the additional scope to act against bankruptcy fraud in practice. At present, the trustee sees himself as the protector of the interests of the creditors and not as a fraud fighter. Toni believes this is unlikely to change as a result of the new legislation. He argues that it is necessary – alongside the primary task of the trustee protecting the interests of creditors- to specifically add the task of combating bankruptcy fraud to the Bankruptcy Act. It also seems logical to take into account other public interests such as the impact of bankruptcy on employees and other wider social and environmental implications. These interests have often taken second place in bankruptcy settlements.
The post “OO&R symposium: presentation on the role of the trustee in bankruptcy in combating bankruptcy fraud” is a post of www.stibbeblog.nl