Court dismisses specific loan advance claim due to bankruptcy revocation but orders defendant to pay procedural costs.
Legislator summary
AI generatedThe court rejected Van der Vlies's request for a fixed advance payment of €226,890, ruling that the bankruptcy discharge of the debtor company made the specific claim illusory. While the court acknowledged the defendant's argument that the subordination clause became void upon bankruptcy revocation, it held that insufficient evidence existed to quantify potential future recovery. Consequently, the court ordered the defendant to pay the procedural costs incurred by the plaintiff but dismissed the specific monetary advance claim.
Legislator headnote
AI generatedArticle 6:109 BW; Article 6:110 BW: Where a bankruptcy discharge renders a specific claim illusory due to changed circumstances, a court may refuse a fixed advance payment but still order the losing party to bear the procedural costs.