From the Financieel dagblad (financial newspaper) Translated by Google:
The then board of Gibson Innovation Netherlands, which went bankrupt in 2018, has received a summons. This comes from the trustee in this bankruptcy, Floris Dix of Turnaround Advocaten from Best. He believes that the three Gibson managers at the time have committed maladministration. In extreme cases, the court can hold them liable for the shortfall in the estate, which amounts to €50 million.
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Bankruptcy trustee Dix has now invested almost 1700 hours in the handling of the bankruptcy of Gibson Innovations Netherlands. For example, it took a long time before he received financial information. And once the time had come — from an SAP system in Hong Kong — the data was "very voluminous and virtually impossible for the trustee to fathom." A financial expert has since joined.
An extensive questionnaire to the drivers that he sent them two years ago did not give satisfactory answers. With the summons, Dix deploys heavier guns. When asked, the trustee did not want to say what exactly is in the summons. He merely refers to his last report, published on 5 June. It states that the directors have been summoned on the basis of article 248 of the Civil Code 2 and article 162 of the Civil Code 6 article.
Closer reading shows that this may concern, for example, non-compliance with the obligation to file the annual figures. There must be a suspicion that the improper performance of duties is an important cause of the bankruptcy. And there is a case of an unlawful act, the perpetrator of which is obliged to compensate the damage.
"I'm not going to do naming and shaming," says Dix about the reason for not wanting to share the summons with the FD. To refer at once to another passage in his latest report: 'Please note, this is only an opinion of the curator. A judge has not yet ruled on the claims of the curator.'
