ECLI:NL:RBZUT:2006:AZ9091
ECLI:NL:RBZUT:2006:AZ9091
AI generated
Court allows curator's claim for €45k against former director for damages from failed debt collection.
Legislator summary
AI generatedThe court granted the curator's request for €45,278.15 against a former director for damages caused by the director's failure to collect a debt. The defendant argued the claim was too complex for summary proceedings and lacked urgency, but the court rejected these defenses. Consequently, the court ruled that the director must pay the damages and bear the litigation costs.
Legislator headnote
AI generatedArt. 6:162 BW; Art. 6:135 BW: A former director is liable for damages caused by their conduct, and such damages cannot be offset against a debt arising after the bankruptcy declaration.
Keywords
AI generated
tort liability
bankruptcy damages
summary proceedings
offset of claims
curator rights
former director
breach of duty
Cited Legislation
AI generatedArt. 6:162 BW
Art. 6:135 BW
Art. 53 Fw
artikel 2:11 BW
artikel 3:237 van het Burgerlijk Wetboek
artikel 3:94 lid 3 BW
artikel 6:135 BW
artikel 53 Fw