ECLI:NL:RBLEE:2012:BY7057
ECLI:NL:RBLEE:2012:BY7057
AI generated
Bank dismissed for failing to prevent statute of limitations on mortgaged claims during insolvency recovery.
Legislator summary
AI generatedThe court dismissed the claims by the insolvency curator and the pro se curator against Rabobank regarding the statute of limitations on mortgaged claims. The bank argued it had no duty to prevent expiration of short-term transport claims while recovering debts, and the court found no evidence of a specific agreement to extend these deadlines. Consequently, the court ruled the bank fulfilled its duty of care and was not liable for the expiration of the claims. The plaintiff parties were ordered to pay the bank's legal costs.
Legislator headnote
AI generatedAlgemene bankvoorwaarden; zorgplicht: A bank is not liable for the expiration of the statute of limitations on mortgaged claims during insolvency recovery unless a specific agreement exists to prevent it.
Keywords
AI generated
duty of care bank
statute of limitations
mortgage recovery
insolvency curator
prevention of expiration
Cited Legislation
AI generatedAlgemene bankvoorwaarden
Algemene voorwaarden voor geldleningen
Algemene voorwaarden voor rekening-courant 1994
art. 3:245 BW
art. 3:317 lid 1 BW
artikel 3:243 BW
Related Decisions
AI generatedECLI:NL:RBOBR:2013:BY8424
Court orders curator to pay secured creditor for collected pledged claims plus statutory interest.
ECLI:NL:RBOVE:2018:1717
Court holds former manager personally liable for bankruptcy losses due to gross negligence in managing company affairs.
ECLI:NL:RBOVE:2024:1992
Court voids gifts of real estate to children as Paulian acts to protect bankruptcy estate creditors.
ECLI:NL:RBOVE:2025:3708
Court dismisses objection to distribution list, ruling lease-purchase debt is concurrent, not preferential, in bankruptcy.
ECLI:NL:RBDHA:2022:940
Court rules defendants liable for unfair conduct by withholding valuation report from plaintiff.