Can a trustee seize property?

Questioner

My friend worked at a company that went bankrupt. He bought the car from that person and we sold it. It had damage. He fixed it up and we got a higher amount for it. The curator calls this fraudulent fraud. The car was registered in my name and was sold in my name. I did this for my friend because he had lost his driver's license and I didn't see any bad news in this since I was not aware of the bankruptcy or fraudulent conveyancing, I had never even heard of it. I did this without any bad intentions, but it still becomes enough. The trustee dissolves the purchase because of this and I have to pay that money back. I don't have this money, so I can't pay anything back. Of course I'm really upset about this, because if I had known this beforehand I would never have done this. Now the curator has sent out a summons and the bailiff will come here with a letter, I don't know how this will end. I live in my parents' house with my children. My parents don't live here themselves. My boyfriend has indicated that he will pay everything back for me, but I am still afraid that they will not agree to this and that my property will be seized. I don't own any of my own stuff, not even a car. I don't work and I depend on my boyfriend. We do not have a cohabitation contract and are not married either. The house is a privately owned home and is not in my name, nor do I pay rent for it. Suppose the bailiff does not agree to a payment arrangement, what happens then with seizure. What can I expect? Because nothing is mine, not even the furniture, because I have never worked. I don't want to get other people into trouble with this incredibly stupid situation.

Lawyer

A trustee can indeed seize certain assets. This is mainly done with people who are suspected of fraudulent acts during a bankruptcy, such as in this case the fraudulent act. In this case, the trustee suspects that there is a case of fraudulent fraud; an act that disadvantages creditors. This could be the case if the car was sold for too low an amount and was later resold at a profit. The fact that the car was in your name and was sold by you, unfortunately, does not mean that you are automatically free. The fact that you did this for your friend, who knew about the bankruptcy situation of the company, can be seen as complicity. However, this does depend on additional circumstances. In general, seizure is a means to ensure that debts are paid. If the trustee decides to seize, this would in principle only concern your personal possessions. However, if you indicate that you do not own anything, and the trustee can confirm this, then in principle there is nothing to seize. Even if the contents (furniture, appliances, etc.) are not yours, they may not be seized. And if they are seized wrongly, the actual owner could object to it. In any case, it is essential that you play open cards with the curator and make clear agreements. If it comes to a legal process, make sure you have legal assistance. Consult a lawyer for this. He or she can assist you and explain your rights and obligations. ---------------- 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 I would like to invite you to rate the above answer so that we can learn from your response.