Kitchen seller wants the remaining payment in cash, does not want a transfer

  • Erstellt am 2020-08-18 09:26:21

Musketier

2020-08-18 11:59:57
  • #1
In the event that the insolvency proceedings are underway and the kitchen installer still acts as if nothing has happened, it is rather likely that the kitchen installer would be committing an offense.
 

tomtom79

2020-08-18 12:00:31
  • #2
Of course he is committing an offense but the money is gone anyway.
 

kati1337

2020-08-18 12:06:27
  • #3
If that is pending, it is best to check again on the day of the final kitchen assembly / cash payment whether insolvency proceedings are ongoing. In that case, I would then not pay the installer with reference to the insolvency proceedings.
 

Scout

2020-08-18 12:06:44
  • #4
yes, but the OP is probably more concerned with that as a secondary matter. The insolvency administrator (again: if present) will demand the money a second time.
 

Joedreck

2020-08-18 14:10:36
  • #5
You should be able to protect yourself from that. If the OP behaves according to the contract, even checks whether there is a current procedure, it becomes rather questionable to have to pay a second time? Insolvency law is not directed against the customer, is it?
 

Scout

2020-08-18 14:40:56
  • #6
The thing is that as a debtor of the company, upon becoming aware (this includes knowing that the company is currently in suspension), you have to pay your outstanding debts to the insolvency administrator. Because only the insolvency administrator can ensure that the creditors of the company are paid equally. The insolvency administrator is the only disbursement and payment point in the procedure!

And if after months he realizes that Tumaa still owes 10 TE, he will get it. The former managing director is no longer authorized to receive the money. But if the money is already gone from the managing director, then Tumaa just ends up empty-handed and pays twice; the insolvency administrator doesn't care, he simply obtains a judgment against Tumaa and that's that. How Tumaa then recovers the money from the former managing director is none of his business.
 
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