Curator's Claim Rotterdam
A curator's claim is a demand filed by the curator on behalf of a bankrupt business in Rotterdam, such as a local online shop in the port city. The curator administers the estate and collects outstanding payments or reverses recent transactions to satisfy creditors. This frequently impacts Rotterdam residents who made prepayments or account purchases with a bankrupt Rotterdam online shop.
What is a curator and what does it do in Rotterdam?
The curator is the administrator appointed by the Rotterdam District Court in bankruptcy proceedings. Under Article 68 of the Bankruptcy Act (Fw), the curator manages the bankrupt's estate: all assets and rights, including claims against customers. The curator assumes the role of the bankrupt entrepreneur and collects receivables, such as unpaid invoices.
In the bankruptcy of a Rotterdam online shop – see our article on online shop bankruptcy – the curator examines orders, payments, and deliveries. If a Rotterdam resident still owes payment for goods received, the curator may file a claim.
Legal basis for the curator's claim
The curator's rights are set out in Book 2 of the Bankruptcy Act:
- Article 42 Fw: The curator 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 transactions prejudicial to creditors, such as payments made shortly before bankruptcy.
- Article 43 Fw: Limitation on defenses in pauliana claims.
These provisions maximize the estate for creditors, including Rotterdam consumers with their own claims.
Types of curator's claims
The curator in Rotterdam pursues various claims depending on the circumstances. Overview:
| Type of claim | Description | Legal basis | Impact on Rotterdam resident |
|---|---|---|---|
| Outstanding invoice | Collection of unpaid price for delivered items. | Art. 42 and 53 Fw | Pay up or risk debt collection/garnishment. |
| Pauliana (reversal) | Reversal of payment up to one year pre-bankruptcy if prejudicial. | Art. 47 Fw | Repay funds, possibly with interest. |
| Withdrawal from estate | Claim for goods sold without payment shortly before bankruptcy. | Art. 48 Fw | Return products or equivalent value. |
Case example 1: Account purchase in Rotterdam
Suppose you buy a €1,000 laptop on account from a Rotterdam online shop. The shop delivers, but goes bankrupt soon after. The curator appointed by the Rotterdam District Court demands payment for the estate. Non-payment leads to a summons with additional costs.
Case example 2: Prepayment and pauliana
You pay €300 in advance for furniture from a local online shop two weeks before bankruptcy. No delivery. The curator often recognizes this as your claim on the estate, but if prejudicial to creditors, pauliana applies: repay from your account.
Rights and obligations regarding a curator's claim
- Mount a defense: Challenge possible for defective goods (non-conformity, Art. 7:17 Civil Code).
- Check limitation period: Claims become time-barred after 5 years (Art. 3:307 Civil Code).
- Estate meeting: Register your claim as a creditor (Art. 181 Fw).
- Obligation to cooperate: Do not ignore demands to avoid escalating costs.
Rotterdam residents benefit from consumer protection under the Unfair Commercial Practices Act and EU law, but estate distribution takes priority.
Frequently asked questions
Can the curator demand repayment after delivery?
Yes, for paulian conduct (Art. 47 Fw) within one year before bankruptcy. Compensation may be possible without loss of goods.
What if I have a complaint about the products?
Defend with proof of non-conformity. The curator assesses; disputes go to the Rotterdam District Court sub-district judge.
How do I register my claim against the bankrupt shop?
Via the bankruptcy file on rechtspraak.nl or directly with the curator. Attach invoice and proof.
Do I always have to pay?
Only for valid claims. Verify and consult Juridisch Loket Rotterdam if in doubt.
Tips for Rotterdam residents
- Check online shops: Search bankruptcy files on rechtspraak.nl for local shops.
- Keep proof: Invoices, payments, and emails with the Rotterdam online shop.
- Respond promptly: Within 14 days to demands to avoid collection fees.
- Seek help: Juridisch Loket Rotterdam for free advice on curator claims. Also read: Online Shop Bankruptcy, Pauliana in Bankruptcy.
- Minimize risk: Avoid prepayments with unknown Rotterdam online shops; opt for iDEAL or credit card.