Trustee's Claim in Zoetermeer
A trustee's claim is a demand filed by the trustee on behalf of a bankrupt business, such as a local online store, in bankruptcy proceedings at the Zoetermeer District Court. The trustee manages the bankruptcy estate and collects outstanding payments or reverses recent transactions to pay creditors. Residents of Zoetermeer face this risk with prepayments or account-based orders from bankrupt webshops.
What does a trustee do exactly?
The trustee is the administrator appointed by the Zoetermeer District Court in bankruptcy. Under Article 68 of the Bankruptcy Act (Fw), they manage the bankrupt's estate: all assets and rights, including claims against customers. The trustee steps into the shoes of the bankrupt business and collects outstanding invoices.
In the bankruptcy of a webshop, as explained in our article on webshop bankruptcy, the trustee reviews orders, payments, and deliveries in the Zoetermeer area. If a local consumer still owes payment for received goods, the trustee may file a claim.
Legal basis for trustee's 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 delivered after the bankruptcy petition.
- Article 47 Fw (actio pauliana): Annulment of prejudicial transactions, such as prepayments shortly before bankruptcy.
- Article 43 Fw: Limitation on defenses in pauliana actions.
This ensures the estate is optimally utilized for creditors, including consumers from Zoetermeer with their own claims.
Types of trustee claims
The trustee files various claims depending on the circumstances. Overview:
| Type of claim | Description | Legal basis | Impact on Zoetermeer resident |
|---|---|---|---|
| Outstanding invoice | Collection of unpaid price for delivered items. | Art. 42 and 53 Fw | Pay up or risk collection proceedings/attachment. |
| Pauliana (clawback) | Recovery of payments up to one year before bankruptcy if prejudicial. | Art. 47 Fw | Repay money, possibly with interest. |
| Estate withdrawal | Claim on goods sold without payment shortly before bankruptcy. | Art. 48 Fw | Return products or equivalent value. |
Example 1: Account-based order in Zoetermeer
As a Zoetermeer resident, you order a €1,000 laptop on account from a webshop. Delivery arrives, but bankruptcy follows. The trustee from the Zoetermeer District Court demands payment for the estate. Non-payment leads to a summons with costs.
Example 2: Prepayment and pauliana
You from Zoetermeer pay €300 upfront for furniture two weeks before bankruptcy. No delivery. The trustee treats this as an estate claim, but if prejudicial, pauliana applies: your bank account may be targeted.
Your rights and obligations regarding a trustee claim
- File a defense: Object, for example, for defective goods (non-conformity, art. 7:17 CC).
- Check limitation period: Claims become time-barred after 5 years (art. 3:307 CC).
- Creditors' meeting: Report your claim (art. 181 Fw).
- Cooperate: Respond to demands to limit costs.
Extra protection for consumers under the Unfair Commercial Practices Act and EU law, but estate distribution takes priority.
Frequently asked questions
Can the trustee reclaim my payment after delivery?
Yes, for paulian acts (art. 47 Fw) within one year. Compensation possible without loss of goods.
Complaint about products?
Defend with proof of non-conformity. Trustee assesses; disputes go to the sub-district judge at the Zoetermeer District Court.
How do I report my claim against the webshop?
Via the bankruptcy report on rechtspraak.nl or the trustee. Attach invoice and proof.
Always pay the trustee?
No, only for valid claims. Check and consult the Zoetermeer Legal Aid Office if in doubt.
Tips for Zoetermeer residents
- Check webshop: Review bankruptcy file on rechtspraak.nl before purchase.
- Save evidence: Invoices, payments, and emails.
- Respond quickly: Within 14 days to demands.
- Seek help: At the Zoetermeer Legal Aid Office for advice on bankruptcy claims. See also: Webshop Bankruptcy, Pauliana in Bankruptcy.
- Minimize risk: Avoid prepayments with unknown shops; use iDEAL or credit card for protection.