Trustee's Claim | District Court Utrecht
A trustee's claim is a demand filed by the trustee on behalf of a bankrupt company, such as a local webshop in Utrecht. The trustee manages the bankruptcy estate and collects outstanding payments or reverses recent transactions to pay creditors. This often affects Utrecht residents who paid in advance or bought on account from a bankrupt store.
What does a trustee do in a bankruptcy?
The trustee is appointed by the District Court Utrecht upon a bankruptcy declaration. Under Article 68 of the Bankruptcy Act (Fw), the trustee administers the estate: all assets and rights of the bankrupt, including claims against customers. The trustee takes over from the entrepreneur and collects receivables, such as unpaid invoices.
In the bankruptcy of a Utrecht webshop, as explained in our article on webshop bankruptcy, the trustee examines orders, payments, and deliveries. If a Utrecht resident still owes payment for received goods, the trustee may file a claim.
Legal basis for trustee's claims
The trustee's rights are laid down in Book 2 of the Bankruptcy Act:
- Article 42 Fw: The trustee exercises all rights of the bankrupt and administers the estate.
- Article 53 Fw: Collection of estate debts, such as payments for goods supplied after the bankruptcy petition.
- Article 47 Fw (actio pauliana): Annulment of acts prejudicial to creditors, such as advance payments shortly before bankruptcy.
- Article 43 Fw: Limitation of defenses in pauliana claims.
This ensures the estate is used optimally for creditors, including Utrecht residents holding claims against the bankrupt.
Different types of trustee claims
The trustee pursues various claims depending on the circumstances. Overview:
| Type of claim | Description | Legal basis | Impact for Utrecht resident |
|---|---|---|---|
| Unpaid invoice | Collection of purchase price for delivered items. | Art. 42 and 53 Fw | Payment required, otherwise debt collection or attachment of assets. |
| Pauliana (reversal) | Reclaiming payment up to one year prior to bankruptcy if prejudicial. | Art. 47 Fw | Refund the money, possibly with interest. |
| Estate withdrawal | Claim on goods sold without payment shortly before bankruptcy. | Art. 48 Fw | Return of products or equivalent value. |
Example 1: Buying on account in Utrecht
Suppose you order a €1,000 laptop on account from a Utrecht webshop. The shop delivers, but is declared bankrupt shortly thereafter by the District Court Utrecht. The trustee demands payment for the estate. Failure to pay results in a summons with additional costs.
Example 2: Advance payment and pauliana
You pay €300 in advance for furniture from a local webshop two weeks before the bankruptcy. No delivery occurs. The trustee often recognizes this as your claim against the estate, but if it prejudices other creditors, a pauliana action may apply: repayment from your account.
Your rights and obligations in response to a trustee's claim
- Mount a defense: Raise objections, for example, due to defective products (non-conformity, art. 7:17 Civil Code).
- Check limitation period: Claims are time-barred after 5 years (art. 3:307 Civil Code).
- Verification meeting: Report your claim as a creditor (art. 181 Fw).
- Cooperate: Do not ignore demand letters to avoid extra costs.
Utrecht residents benefit from consumer protection under the Unfair Commercial Practices Act and EU rules, but estate distribution takes priority.
Frequently asked questions for Utrecht
Can the trustee reclaim my payment after delivery?
Yes, in cases of paulian conduct (art. 47 Fw) within one year before bankruptcy. Compensation may be possible without loss of the goods.
Complaint about products?
Mount a defense with proof of non-conformity. The trustee assesses it; disputes go to the sub-district judge at the District Court Utrecht.
How do I report my claim against the bankrupt shop?
Via the bankruptcy file on rechtspraak.nl or directly to the trustee. Include the invoice and proof.
Must I always pay the trustee?
No, only for valid claims. Verify the details and consult Het Juridisch Loket Utrecht.
Tips for Utrecht residents
- Check webshops: Search bankruptcy files on rechtspraak.nl before purchases.
- Keep proof: Retain invoices, payment records, and emails with the shop.
- Respond promptly: Within 14 days to demand letters to avoid collection costs.
- Seek help: At Het Juridisch Loket Utrecht for advice on trustee claims. See also: Webshop Bankruptcy, Pauliana Bankruptcy.
- Minimize risks: Avoid advance payments to unknown shops; use iDEAL or credit card for protection.