The investigation into paulian legal acts in the bankruptcy of Coöperatie DutchCabs UA continues unabated. In the latest report of the trustee, which should provide a global insight into the progress of the bankruptcy every three months, it still appears that no answer has been given about possible legal acts involving criminal law. The trustee had established that a number of vehicles were transferred shortly before the date of the bankruptcy and has accepted this legal act on the basis of the action pauliana destroyed and requested to return the vehicles to the estate. The trustee has subsequently received a bid for the takeover of the vehicles. An appraisal was carried out in order to be able to assess the submitted bid. The trustee did not reach an agreement with the interested party and, with the permission of the examining magistrate, executed the vehicles by public auction.
The Bankruptcy Act is based on the principle that when a debtor knows that bankruptcy can no longer be prevented, all creditors must be treated equally. The bankruptcy trustee can annul transactions that are contrary to this. This act becomes unfair act paulianus mentioned. In the coming period, the bankruptcy trustee will focus on the collection of the debtors, the further investigation into legal acts of a criminal nature and obtaining the complete administration and continuation of the legitimacy investigation.
Coöperatie DutchCabs UA was founded in 2012 and has been registered in the trade register of the Chamber of Commerce since March 9, 2012. Due to the corona crisis, the demand for taxi services would subsequently have fallen. For this reason, the board would have filed for bankruptcy, because the income could no longer bear the burden. In the past two financial years, the company no longer published balance sheets with the Chamber of Commerce.
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