Liability after bankruptcy - Free legal advice


Questioner

Here's the situation. I worked with a major software vendor for five years. In that process, I commissioned them (in consultation with them) to investigate how I could offer this software by the hour. The first step was to acquire the right to do so, and the second was to conduct a technical investigation. This investigation confirmed that it was feasible. Everything was initiated, but the software company didn't deliver the agreed-upon technical package. It went wrong repeatedly. The software company stated that hourly renting was out of the question. I asked why I had these investigations conducted. Ultimately, I went bankrupt. I held the company liable and sent them a summary of everything we had agreed upon. Incidentally, the technical investigations were never paid for because there was no product to monetize. In response to my letter, I received a letter requesting me to submit the unpaid invoices to the bankruptcy trustee. The question now is, if a company sends an invoice for a study that explicitly details how a software product can be offered by the hour, isn't the company implicitly agreeing to rent that product by the hour? To clarify, there's a software product that costs €25,000. I think, I'll rent it out for €10 an hour. The supplier approves it, does a paid investigation, and concludes it's acceptable. Then they do nothing. And afterward, they demand payment. I'm willing to pay, provided they also approve the original plan.

Lawyer

It seems to me that this is a task for the trustee. The trustee must investigate whether the supplier failed to perform its obligations and whether this might have caused your bankruptcy. Since the company is bankrupt, you are in any case not obligated to pay anything. The other party must submit that claim to the trustee.

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