omstøtelseskrav

09:32 Sep 4, 2020
This question was closed without grading. Reason: No acceptable answer

Norwegian to English translations [PRO]
Bus/Financial - Management
Norwegian term or phrase: omstøtelseskrav
This term appears in a private letter about legal proceedings against a company for fraud.

The background context is that one company is pursuing a claim for fraud against another company, but then goes bankrupt.

Dersom selskapet hadde gått konkurs var den rådende oppfatning at et konkursbo overhodet ikke ville prioritere en slik sak.
Vi ble derfor overrasket da vi mottok boets brev om at overdragelsen ble krevd omstøtt ... Gitt dette så vi ingen annen mulighet for å få tilbake våre utlegg enn å prøve omstøtelseskravet rettslig.

Is it enough to simply use terms such as void/rescind, or is there a particular legal term that's applicable here?

Michael
Michael Purvis


Summary of answers provided
4UK: claim for avoidance > to set aside US: avoidance claim
Adrian MM.


  

Answers


4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
UK: claim for avoidance > to set aside US: avoidance claim


Explanation:
Maybe better to 'avoid' bankruptcy of a co. or partnership that, in the UK, are wound up and dissolved respectively on the ground of 'insolvency' - unlike the USA that has Chapter numbered bankruptcies of Corporations.

omstøtelig: voidable Patrick Chaffey, NOR / ENG law dictionary.

ble krevd omstøtt > has been sought to be set aside....

Unasked: mottok *boets* brev - which abstract idea, all of 40 years ago when some readers may have been very young, caused a translation problem into English 'out of Bergen' in a Norwegian shipping line bankruptcy case, namely whether the 'bo' is synonymous with the boybestyret as a Committee of Inspection or meant figuratively the Receiver, Scheme Trusteeship or the Liquidator(s) vs. the US-type 'company estate' and executors of a deceased's estate > dødsbo.



Example sentence(s):
  • The plaintiff asserted an assigned claim for avoidance, whereas the defendant objected that it is not admissible for insolvency avoidance claims ..
  • US: Avoidance Claim means any claim that any payment received by Factor from or for the account of an Account Debtor is a<>voidable under the Bankruptcy Code or any other debtor relief statute.

    Reference: http://www.lawinsider.com/dictionary/avoidance-claim
Adrian MM.
Austria
Native speaker of: Native in EnglishEnglish
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