Trustee's Claim
For residents of Tilburg, a trustee's claim can be an unexpected demand from the trustee in a bankruptcy case, for example from a local webshop or business that goes bankrupt. The trustee manages the bankruptcy estate of the failed party and seeks to collect outstanding payments or reverse recent transactions to pay creditors. This often impacts Tilburg residents who paid in advance or bought on account from a bankrupt store.
What Does a Trustee Do Exactly?
The trustee is appointed by the District Court of Zeeland-West-Brabant in Breda upon bankruptcy. Under Article 68 of the Bankruptcy Act (Fw), the trustee administers the estate: all assets and rights, such as claims against customers. The trustee takes over the role of the bankrupt entrepreneur and collects outstanding accounts receivable.
In webshop bankruptcies in the Tilburg region, see our article on webshop bankruptcy, the trustee reviews orders and payments. If a Tilburg resident still owes payment for received goods, a claim may follow.
Legal Basis for Claims
The trustee's rights are set out in Book 2 of the Bankruptcy Act:
- Article 42 Fw: Exercise of all rights of the bankrupt and estate administration.
- Article 53 Fw: Collection of estate debts, such as payments for goods supplied after the bankruptcy petition.
- Article 47 Fw (pauliana action): Annulment of prejudicial transactions, such as advance payments shortly before bankruptcy.
- Article 43 Fw: Limitation of defenses in pauliana actions.
This ensures the estate is used optimally for creditors, including Tilburg consumers with claims.
Overview of Trustee Claims
The trustee tailors claims to the circumstances. See this summary:
| Type of Claim | Explanation | Statute | Impact on Tilburg Resident |
|---|---|---|---|
| Outstanding Account | Collection of unpaid price for delivered items. | Art. 42 & 53 Fw | Pay up or risk collection proceedings/garnishment. |
| Pauliana (clawback) | Reverse payment within one year before bankruptcy if prejudicial. | Art. 47 Fw | Repay money, possibly with interest. |
| Estate Abstraction | Claim on goods sold without payment shortly before bankruptcy. | Art. 48 Fw | Return goods or their value. |
Example 1: Buying on Account in Tilburg
As a Tilburg resident, you order a bicycle for €800 on account from a local webshop. The bicycle arrives, but the shop goes bankrupt before payment. The trustee demands payment via the District Court of Zeeland-West-Brabant (Breda); refusal leads to summons with costs.
Example 2: Advance Payment and Pauliana
You pay €400 in advance for garden furniture from a webshop three weeks before bankruptcy. No delivery? The trustee may treat your payment as an estate claim, but under pauliana for prejudice, can claw it back from your bank.
Your Rights and Obligations
- Object: To the claim if products were defective (art. 7:17 CC non-conformity).
- Check Limitation Period: Claims expire after 5 years (art. 3:307 CC).
- Estate Meeting: Register your claim as creditor (art. 181 Fw).
- Cooperate: Respond to letters to limit costs.
Tilburg residents benefit from consumer protection under the Unfair Commercial Practices Act, but estate distribution takes priority. Contact Legal Aid Office Tilburg for advice.
Frequently Asked Questions
Can the trustee claw back my Tilburg payment after delivery?
Yes, for pauliana action (art. 47 Fw) within one year before bankruptcy. Compensation possible without losing goods.
Complaint about product?
Mount a defense with proof; trustee decides, or else Breda District Court.
How to claim against bankrupt shop?
Via bankruptcy file on rechtspraak.nl (District Court Breda) or trustee. Send invoice and proof.
Always pay?
No, only valid claims. Verify and call Legal Aid Office Tilburg.
Tips for Tilburg Residents
- Check Shops: Search bankruptcy files of District Court Zeeland-West-Brabant on rechtspraak.nl.
- Keep Proof: Invoices, payments, and emails.
- Respond Quickly: Within 14 days to letters.
- Seek Help: Free advice from Legal Aid Office Tilburg or Municipality of Tilburg. Also read: Webshop Bankruptcy, Pauliana Explained.
- Minimize Risk: Avoid advances with unknown shops; use iDEAL or credit card for protection.