Trustee's Claim Den Haag
A trustee's claim is a claim filed by the trustee in a bankruptcy proceeding at the District Court of Den Haag, on behalf of a bankrupt company such as a local webshop. The trustee administers the estate, collects outstanding payments, and recovers transactions to pay creditors. Residents of Den Haag face this risk with advance payments or purchases on account from Den Haag webshops that go bankrupt.
What is a trustee and what do they do in Den Haag?
The trustee is the administrator appointed by the District Court of Den Haag in a bankruptcy. Pursuant to Article 68 of the Bankruptcy Act (Fw), the trustee administers the estate: all assets and rights, including claims against customers. The trustee takes over the role of the bankrupt entrepreneur and thus collects outstanding invoices.
In the event of bankruptcy of a webshop in the Den Haag region, as explained in our article on webshop bankruptcy, the trustee investigates orders, payments, and deliveries. If a Den Haag consumer still needs to pay for goods received, a claim follows.
Legal basis for the trustee's claim
The trustee's powers are set out 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 (pauliana action): Annulment of legal acts that harm creditors, such as premature customer payments before bankruptcy.
- Article 43 Fw: Limitation of defenses in pauliana claims.
This ensures the estate is optimally utilized for creditors, including Den Haag consumers with claims.
Types of trustee claims
The trustee in Den Haag applies various types of claims. Overview:
| Type of claim | Description | Legal basis | Consequences for Den Haag consumer |
|---|---|---|---|
| Outstanding invoice | Collection of unpaid purchase price for delivered goods. | Art. 42 and 53 Fw | Payment required, otherwise collection or attachment. |
| Pauliana (recovery) | Recovery of payment made within 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 goods or equivalent value. |
Practical example 1: Purchase on account in Den Haag
Suppose you buy a laptop for €1,000 on account from a Den Haag webshop. Delivery arrives, but the shop goes bankrupt before payment. The trustee of the District Court of Den Haag demands payment to the estate. Non-payment leads to a summons with court costs.
Practical example 2: Advance payment and pauliana
You pay €300 in advance for furniture from a local webshop two weeks before bankruptcy. No delivery. The trustee views this as a regular claim (you become a creditor), but if creditors are prejudiced, pauliana may apply: your bank must return the money to the estate.
Rights and obligations regarding a trustee's claim in Den Haag
- File a defense: Object, e.g., for defective goods (non-conformity, art. 7:17 CC).
- Check limitation period: Expires after 5 years (art. 3:307 CC).
- Estate meeting: Report your claim as a creditor (art. 181 Fw).
- Cooperate: Do not ignore letters to avoid extra costs.
Den Haag consumers are protected under the Unfair Commercial Practices Act and EU law, but the estate takes priority in bankruptcy.
Frequently asked questions
Can the trustee recover my payment after delivery?
Yes, if it has a paulian character (art. 47 Fw) within one year before bankruptcy. Compensation possible without loss of goods.
Complaint about goods from Den Haag bankrupt?
Defend with proof of non-conformity. Trustee assesses; disputes go to the subdistrict judge at the District Court of Den Haag.
How do I report a claim against a bankrupt Den Haag webshop?
Via the bankruptcy report on rechtspraak.nl (District Court of Den Haag) or directly to the trustee, with invoice and proof.
Always pay the trustee?
No, only for valid claims. Check the invoice and consult the Legal Aid Office Den Haag.
Tips for Den Haag residents
- Check webshops: Bankruptcy file via rechtspraak.nl (District Court of Den Haag).
- Keep proof: Invoices, payments, and emails with Den Haag shops.
- Respond quickly: Within 14 days to reminders for lower costs.
- Seek help: Free advice at Legal Aid Office Den Haag. Related: Webshop bankruptcy, Pauliana bankruptcy.
- Minimize risk: No advance payments to unknown shops; use iDEAL or credit card for protection via Municipality of Den Haag consumer desk.