Legislator Case Law & Legislation
AS-570/2010-NYK ECLI:DK:NYK:2024:AS0000000004 AI generated

Court dismisses claim for pro-rata distribution of court-deposited funds among multiple creditors.

Case Number AS-570/2010-NYK
Court / Authority
Jurisdiction Denmark (DK)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Section 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.

Keywords

AI generated
court deposit pro-rata distribution creditor priority civil procedure secured claim joint fund distribution of assets

Cited Legislation

AI generated
Section 115 of the Code of Civil Procedure
Section 116 of the Code of Civil Procedure
AI generated

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Full text

Kendelse om fordeling blandt fordringshaverne af et i fogedretten deponeret beløb