Bankrupt company's shoes my property?

Questioner

I am a consumer who bought (branded) shoes and sold them online. Today (15 November) it was announced that they have been declared bankrupt. I still get 360 euros in payment from them, but I do not expect to see that back after a bankruptcy given my position as a creditor. More importantly, I also have 12 pairs of shoes waiting for a buyer through their sales method, I have it in black and white that I would get the shoes back (emails with customer service), because I met the conditions (been online long enough for example). Because I didn't trust it anymore, this was at least a month ago. Now they have been declared bankrupt and the shoes have still not been returned. Are the shoes still my property and can I claim them back? The value of the shoes in purchase price as a consumer was probably 2200 euros or so. The value now when sold separately on other platforms is more than 3000 euros.

Lawyer

I understand that this is a frustrating situation. Whenever a company goes bankrupt, it is a complicated matter for all parties involved and especially for persons who are still due to receive goods or money from the company in question. You are now dealing with a bankruptcy law situation. I can tell you that based on the bankruptcy law and bankruptcy procedure in the Netherlands, the trustee has a controlling function and is charged with managing the estate of the bankrupt company. In theory, this could mean that everything that was in the possession of the bankrupt company at the time the bankruptcy was declared, including your shoes, is part of the bankruptcy assets. However, you mentioned that you had an agreement with the company that the shoes would be returned to you after a certain period of time. If this is the case and you can prove it (you have it in writing as you mentioned), then you could potentially argue that there was some sort of consignment agreement that you actually retained ownership of the shoes. In that case, you may be able to reclaim the shoes. In practice, I advise you to first contact the trustee of the bankrupt company. You can probably find the trustee's contact details by looking up the bankrupt company in the insolvency register (publicaties.rechtspraak.nl). Explain your situation and the agreements that have been made and try to arrange matters in consultation with the trustee. Finally, given the complexity of bankruptcy law in the Netherlands and the value of your claim, I would advise you to seek the assistance of a lawyer or attorney specializing in corporate and insolvency law. This person can advise you on the most appropriate steps to take to protect your interests in this process. Please remember that although I will do my best to inform you as best as I can, I am not providing full legal advice and there may be other aspects that may be relevant to your specific case. So please contact a specialist lawyer or attorney after reading this information.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer