Curator's Claim in Westland
A curator's claim is a claim filed by the trustee on behalf of a bankrupt business in Westland, such as a local webshop selling horticultural products. The trustee administers the estate and collects outstanding payments or reverses recent transactions to pay creditors. This often impacts Westland consumers who made advance payments or purchases on account with bankrupt regional webshops.
What does a trustee do in a bankruptcy?
The trustee is appointed by the Westland District Court upon a bankruptcy declaration. Under Article 68 of the Bankruptcy Act (Fw), the trustee administers the estate: all assets and rights, including claims against customers. The trustee steps into the shoes of the bankrupt entrepreneur and collects outstanding invoices.
In the bankruptcy of a Westland webshop, see our article on webshop bankruptcy, the trustee reviews orders, payments, and deliveries. If a Westland resident still owes payment for goods received, the trustee may file a claim.
Legal basis for claims in Westland
Trustee powers are set out in Book 2 of the Bankruptcy Act:
- Article 42 Fw: Exercise of bankruptcy rights and estate administration.
- Article 53 Fw: Collection of estate debts, such as payments for goods delivered after bankruptcy petition.
- Article 47 Fw (actio pauliana): Avoidance of prejudicial transactions, such as advance payments shortly before bankruptcy.
- Article 43 Fw: Limited defenses in pauliana actions.
This allows the Westland District Court to maximize the estate for creditors, including local consumers.
Types of claims by the trustee
Various claims may arise depending on the circumstances. Overview:
| Type of claim | Description | Legal basis | Impact on Westland consumers |
|---|---|---|---|
| Outstanding invoice | Collection of unpaid price for delivered items. | Art. 42 and 53 Fw | Pay up or risk collection proceedings/attachment. |
| Pauliana (clawback) | Reversal of payment within one year before bankruptcy if prejudicial. | Art. 47 Fw | Refund the money, possibly with interest. |
| Removal from estate | Claim for goods sold without payment shortly before bankruptcy. | Art. 48 Fw | Return goods or equivalent value. |
Example 1: Purchase on account in Westland
You buy a greenhouse heater for €800 on account from a Westland webshop. Delivery is fine, but bankruptcy follows. The trustee appointed by the Westland District Court demands payment; refusal leads to summons with costs.
Example 2: Advance payment and pauliana
You pay €400 in advance for plants from a local webshop three weeks before bankruptcy. No delivery. The trustee treats this as an estate claim, but under pauliana for prejudice, recovers the money from your account.
Your rights and obligations regarding a trustee's claim
- Mount a defense: Object if goods are defective (non-conformity, art. 7:17 Civil Code).
- Check limitation: Claims expire after 5 years (art. 3:307 Civil Code).
- Creditors' meeting: File your claim as a creditor (art. 181 Fw).
- Cooperate: Respond to demands to limit costs.
Westland consumers are protected under the Unfair Commercial Practices Act and EU law, but estate distribution takes priority.
FAQs for Westland
Can the trustee reclaim my payment after delivery?
Yes, for paulian actions (art. 47 Fw) within one year before bankruptcy. Compensation possible; no automatic loss of goods.
Complaint about goods?
Defend with proof of non-conformity. Trustee assesses; disputes go to the subdistrict judge at Westland District Court.
How do I file a claim against a bankrupt webshop?
Via the bankruptcy report on rechtspraak.nl or the trustee. Attach invoices and proof.
Always pay the trustee?
No, only if the claim is valid. Verify and consult the Westland Legal Aid Office if in doubt.
Tips for Westland residents
- Check webshops: Search bankruptcy files via Westland District Court on rechtspraak.nl.
- Keep proof: Invoices, payments, and emails with the shop.
- Respond promptly: Within 14 days to letters for lower costs.
- Seek help: At the Westland Legal Aid Office for advice on trustee claims. See also: Webshop bankruptcy, Pauliana in bankruptcy.
- Minimize risk: Avoid advance payments to unknown shops; use iDEAL or credit card for protection.