Note to Supreme Court January 12, 2024, ECLI:NL:HR:2024:23, TvI 2025/9 p. 76-79

It appears from established case law of (also) the Supreme Court on this subject that decisive for the question of whether proceedings in respect of unverifiable claims in bankruptcy should be continued or suspended is whether an independent interest exists for the continuation of those proceedings. This interest should be separate from the plaintiff's interest regarding the assignability of the verifiable claims, such as the payment of wages. Previous case law shows that this interest may lie in, inter alia, the right (if any) to unemployment benefit or the restoration of honor and reputation or other interests. Consider the situation where an employee challenges the summary dismissal and the employer is declared bankrupt during the proceedings.