Trustee's Claim
A trustee's claim is a demand filed by the trustee on behalf of a bankrupt company, such as a webshop in the Delft region. The trustee manages the bankruptcy estate and collects outstanding payments or reverses recent transactions to pay creditors. This often affects Delft residents who prepaid or bought on account from a bankrupt webshop.
What is a trustee and what do they do?
The trustee is the administrator appointed by the District Court of The Hague in a bankruptcy. Pursuant to Article 68 of the Bankruptcy Act (Faillissementswet, Fw), the trustee manages the bankrupt's estate: all assets and rights, such as claims against customers. The trustee takes over the role of the bankrupt entrepreneur and thus collects outstanding invoices.
In the bankruptcy of a webshop, as explained in our article on webshop bankruptcy, the trustee investigates orders, payments, and deliveries in the Delft region. If a Delft resident still owes payment for received goods, the trustee may file a claim.
Legal basis for the trustee's claim
The trustee's rights are set out in Book 2 of the Bankruptcy Act:
- Article 42 Fw: The trustee exercises all rights of the bankrupt and manages the estate.
- Article 53 Fw: Collection of estate debts, such as payments for goods delivered after the bankruptcy petition.
- Article 47 Fw (actio pauliana): Annulment of acts that harm creditors, such as prepayments shortly before bankruptcy.
- Article 43 Fw: Limitation of defenses in pauliana claims.
These provisions maximize the estate for creditors, including Delft residents with claims against the bankrupt.
Types of trustee claims
The trustee files various claims depending on the circumstances. Overview:
| Type of claim | Description | Legal basis | Implications for Delft residents |
|---|---|---|---|
| Outstanding invoice | Collection of unpaid purchase price for delivered items. | Art. 42 and 53 Fw | Payment required, otherwise debt collection or attachment. |
| Pauliana (clawback) | Reversal of payments up to one year before bankruptcy if creditors are prejudiced. | Art. 47 Fw | Refund the money, possibly with interest. |
| Removal from estate | Claim on goods sold without payment shortly before bankruptcy. | Art. 48 Fw | Return of products or equivalent value. |
Practical Example 1: Purchase on account in Delft
As a Delft resident, you order a bicycle for €800 on account from a webshop. The bicycle arrives, but the shop goes bankrupt before payment. The trustee appointed by the District Court of The Hague demands payment for the estate. Non-payment leads to a summons with costs.
Practical Example 2: Prepayment and pauliana
You pay €400 in advance for kitchenware from a Delft webshop three weeks before bankruptcy. No delivery. The trustee may recognize this as your claim on the estate, but if it prejudices creditors, pauliana may apply: refund from your account.
Rights and obligations regarding a trustee's claim
- Mount a defense: Object, for example, for defective products (non-conformity, art. 7:17 CC).
- Check limitation period: Claims are time-barred after 5 years (art. 3:307 CC).
- Estate meeting: Register your claim as a creditor (art. 181 Fw).
- Cooperate: Do not ignore reminders to avoid extra costs.
Delft residents benefit from consumer protection under the Unfair Commercial Practices Act and EU rules, but bankruptcy distribution takes precedence.
Frequently Asked Questions
Can the trustee claw back my payment after delivery?
Yes, if it has a pauliana character (art. 47 Fw) within one year before bankruptcy. Compensation may be required.
What if I have complaints about the products?
Mount a defense with proof of non-conformity. The trustee decides; disputes go to the sub-district judge of the District Court of The Hague.
How do I register my claim against the bankrupt webshop?
Via the bankruptcy report on rechtspraak.nl or with the trustee. Attach invoice and proof.
Do I always have to pay?
Only for valid claims. Verify and consult Juridisch Loket Delft if in doubt.
Tips and recommendations
- Check webshops: Search bankruptcy files on rechtspraak.nl for purchases from Delft.
- Keep proof: Invoices, payments, and emails with the shop.
- Respond promptly: Within 14 days to reminders, relevant for Municipality of Delft matters.
- Seek help: At Juridisch Loket Delft for free advice on trustee claims. Related: Webshop Bankruptcy, Pauliana in Bankruptcy.
- Minimize risk: Avoid prepayments with unknown shops; use iDEAL or credit card for protection.