Curator's Claim in Amsterdam
A curator's claim is a claim filed by the curator on behalf of a bankrupt company, such as an Amsterdam-based webshop. The curator administers the bankruptcy estate and collects outstanding payments or reverses recent transactions to pay creditors. This often affects Amsterdam residents who paid in advance or bought on account from a bankrupt local webshop.
What does a curator do in a bankruptcy?
The curator is appointed by the Amsterdam District Court in a bankruptcy. Pursuant to Article 68 of the Bankruptcy Act (Fw), the curator administers the bankrupt's estate: all assets and rights, including claims against customers. The curator replaces the bankrupt entrepreneur and thus collects outstanding invoices.
In the bankruptcy of an Amsterdam webshop, as explained in our article on webshop bankruptcy, the curator investigates orders, payments, and deliveries. If an Amsterdam resident still owes payment for received goods, the curator may file a claim.
Legal basis for curator's claims
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 (paulian action): Annulment of prejudicial transactions, such as advance payments shortly before bankruptcy.
- Article 43 Fw: Limitation of defenses in paulian claims.
This ensures the estate is optimally used for creditors, including consumers with claims against the bankrupt.
Types of curator's claims
The curator tailors claims to the circumstances. Overview:
| Type of claim | Description | Legal basis | Impact on Amsterdam consumers |
|---|---|---|---|
| Outstanding invoice | Collection of unpaid price for delivered items. | Art. 42 and 53 Fw | Payment required, otherwise debt collection or attachment. |
| Paulian action (reversal) | Reversal of payment up to one year before bankruptcy if it prejudices creditors. | Art. 47 Fw | Repay 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. |
Example 1: Buying on account in Amsterdam
Suppose an Amsterdam resident orders a bicycle for €800 on account from a local webshop. The bicycle is delivered, but the shop goes bankrupt before payment. The curator appointed by the Amsterdam District Court demands payment for the estate; refusal leads to a summons with costs.
Example 2: Advance payment and paulian action
You, an Amsterdam resident, pay €400 in advance for clothing from a webshop three weeks before bankruptcy. No delivery. The curator often recognizes this as your claim on the estate, but if it prejudices creditors, a paulian action may apply and the money is reclaimed from your account.
Your rights and obligations regarding a curator's claim
- File 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).
- Creditors' meeting: Register your claim as a creditor (art. 181 Fw).
- Cooperation required: Do not ignore letters to avoid extra costs.
Amsterdam residents benefit from protection under the Unfair Commercial Practices Act and EU consumer law, but estate distribution takes precedence.
Frequently asked questions
Can the curator demand my payment after delivery?
Yes, if it has a paulian character (art. 47 Fw) within one year before bankruptcy. You do not necessarily keep the goods, but may have to compensate.
What if I have complaints about the products?
File a defense with proof of non-conformity. The curator decides; disputes go to the subdistrict judge of the Amsterdam District Court.
How do I register my claim against the bankrupt shop?
Via the bankruptcy file on rechtspraak.nl from the Amsterdam District Court or directly with the curator. Attach invoice and proof.
Do I always have to pay?
No, only for valid claims. Verify and seek advice if in doubt.
Tips for Amsterdam residents
- Check webshops: Search bankruptcy files from the Amsterdam District Court on rechtspraak.nl before purchasing.
- Keep everything: Invoices, payments, and emails with the shop.
- Respond promptly: Within 14 days to demands to avoid collection costs.
- Seek advice: At the Amsterdam Legal Aid Desk for free bankruptcy assistance. Also read: Webshop Bankruptcy, Paulian Action in Bankruptcy.
- Minimize risk: Avoid advance payments with unknown shops; use iDEAL or credit card for extra protection.