Debt Restructuring Act: Gifts and legal implications

Questioner

A debtor will be admitted to the Natural Persons Debt Restructuring Act on 1 July. He did not report to the municipality that executed the amicable settlement that he had inherited an antique clock from his parents that was worth a lot of money. The administrator Wsnp appointed by the court calls him on 5 July to make an appointment for a home visit on 12 July. The debtor is afraid that the administrator thinks the clock should be sold and decides on 9 July to donate this antique clock to his sister. My question to you is as follows: Is this allowed? And could you please mention the articles of law for me? Thank you in advance!

Lawyer

A study case then? In principle, the administration falls over all the debtor's goods, after the ruling he is no longer authorised to dispose of them. Also for the pronounced administration, a legal act can be voidable. So if he donates, he does so without authorisation, the question is whether the recipient is protected or whether this legal act can be voided.

Questioner

Good afternoon Mrs. Ferwerda, It is indeed a study case, right? No idea if that receiver is protected or not, if you keep both cases it is not and it is protected? Which articles of law apply to this? Thank you in advance for your response and I wish you a nice weekend. Kind regards,

Lawyer

I'm really not going to tell you everything, but look in the Bankruptcy Act, and actio Pauliana and book 3 BW the legal act. A donation is not unilaterally directed.

Questioner

Good afternoon Mrs. Ferwerda, Thanks anyway, it's already helped me a long way! Thanks for your response. ;) Kind regards,