REPLACING A BANKRUPTCY TRUSTEE IN THE NETHERLANDS ANTILLES OR ARUBA
Replacing a trustee requires justification
The Netherlands Antilles or Aruban bankruptcy judge may at any time after having heard or after having properly summoned the bankruptcy trustee (‘curator’), dismiss the trustee and replace him by one or more other trustees. This can be done at the request of the debtor, the trustee himself, another trustee, one or more creditors, the commission of creditors, or by the judge on its own motion.
The debtor therefore in the vent of bankruptcy, also has the right to ask for replacement of the trustee. There are no provisions in the law that stipulate by reference to what consideration such application is decided upon by the judge.
According to its June 2nd, 2006 judgement, the Joint Court of Appeals of the Netherlands Antilles and Aruba is of the opinion that the mere fact that a bankruptcy judge and a trustee have different views on a legal issue, as a result of which the bankruptcy trustee refuses to carry out a certain instruction, is not sufficient ground for replacing the trustee, unless no reasonable bankruptcy trustee would share the view of the trustee concerned.
Karel Frielink
Attorney (lawyer) / Partner
