LANDGRAAF - Trustee Scholtes: "He stated under oath that a number of creditors had waived their claims without a promise of compensation because they felt sorry for him. But a number of those creditors testified that Van den Berg indicated that he could then make a restart and then still pay them the moment he received money again."
Van den Berg takes notice of the announced filing with the Justice Department. That filing, which trustee Scholtes intends to make together with supervisory judge Groen, will probably be expanded to include other items. A large investor from the western part of the country did waive its claims on Van den Bergh, totaling more than 1.2 million euros. Scholtes: "I suspect that this one has made agreements with Van den Bergh." Meanwhile, four parties have also filed for bankruptcy of the Overste Hof BV, on paper still in charge of operating the catering business. Two staff members, among others, have done so. Landgrave resident K. Zwakhalen, until recently head chef: "We haven't had a salary since January." On Wednesday, the bankruptcy petition was filed, but the judge stayed the case for two weeks at Van den Bergh's request. Weakhalen: "Van den Bergh stated that he wanted to sell the company to others, and then pay us out of the proceeds. "Van den Berg, director of the Overste Hof BV, says he has prospective buyers for this business, but a second possibility would be to sell the inventory of the business and the current receivables of the BV.

Trustee Scholtes believes little of the story, "This is how Van den Bergh has been trying to avert bankruptcies for years. The staff will now presumably miss out on part of their income due to delaying the case, because UWV/GAK only gives a three-month wage guarantee."

The trustee himself has filed for bankruptcy of Super Trade BV, the owner/shareholder of the Overste Hof BV and the tenant of the hotel-restaurant Van den Berg is also a director of Super Trade, but has not received a salary for some time. The Overste Hof has been closed since February because Van den Bergh did not provide the municipality of Landgraaf with the required information for the necessary permits.

The owner of the monumental farmhouse in which the catering business is located, the partnership Groen & Van Zandwijk of Snelrewaard, also filed for Super Trade's bankruptcy, according to A. Groen. "Because of rent arrears. We want to get rid of Super Trade as soon as possible in order to re-let the business. Candidate buyers have already spontaneously come forward. We will no longer do business with Van den Bergh."

Van den Bergh denies that Groen & Van Zandwijk has also filed for Super Trade's bankruptcy. "Just last week we sat around the table," he said. Van den Bergh brought Groen & Van Zandwijk to Winthaegen as buyer for the Overste Hof. Winthaegen paid 550,000 euros in commission to Super Trade for it.

According to trustee Scholtes, Van den Bergh is not only a director of Super Trade, but actually an owner. "He used part of that 550,000 euros to meet personal obligations. i am now trying to secure the part of that 550,000 euros that is left for the creditors Van den Berg."

But the latter disputes that he owns Super Trade and would have used the commission by his own purposes. "The trustee is conducting a personal vendetta against me," he said.