Court dismisses claim for pro-rata distribution of court-deposited funds among multiple creditors.
Legislator summary
AI generatedThe court dismissed the plaintiff's request to receive a pro-rata share of a sum deposited with the court by the defendant. The defendant argued that the deposited funds should be distributed equally among all creditors, while the plaintiff contended for priority based on their specific claim. The court ruled that the deposit was intended to secure the defendant's obligations and did not create a joint fund for pro-rata distribution among unsecured creditors.
Legislator headnote
AI generatedSection 115 of the Code of Civil Procedure; Section 116 of the Code of Civil Procedure: When a sum is deposited with the court to secure a claim, it does not become a common fund available for pro-rata distribution among multiple creditors, but remains subject to the specific rights and priorities of the underlying claims.
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Kendelse om fordeling blandt fordringshaverne af et i fogedretten deponeret beløb