Part 1: Bankruptcy

God Mat AS ran a grocery store in Lillevik.

In addition to selling ordinary food, God Mat AS was a commissioner for Norsk Tipping AS and Norsk Rikstoto. The agreement meant that customers played games of chance with them and paid to God Mat AS's cashier or via card to the operating account. God Mat AS had entered into a direct debit agreement for the settlement of weekly turnover, less commission. The commissioners calculated weekly the amounts they had to their credit at God Mat AS.

According to the commission agent's contract, the amount to be deducted was to remain in the commission agent's operating account on Mondays and to be deducted overnight until Tuesday. In the event of non-payment or non-coverage of the operating account, the terminal was closed.

The store had its last day of operation on Saturday 3 October 2020. The store was then closed for good. At this time, there was no doubt that the business would be wound up by request for injunction.

In the event of a shutdown, God Mat AS had the following funds: NOK 194,000 outstanding in the operating account, as well as NOK 200,000 in operating credit (overdraft) associated with the same account. Furthermore, the company had somewhat smaller inventories and operating accessories of insignificant value.

As of Monday 5 October, Good Food had no income.

On Tuesday 6 October, NOK 52,052 was withdrawn to Norsk Tipping AS via direct debit.

Bankruptcy was opened on October 8 at 1530 after the injunction had been received by the district court the same day. As of the opening of bankruptcy, the company had a deposit of NOK 208.92 in its operating account. In addition, there was NOK 86,951 in the tax deduction account. The overdraft facility was unused in the event of bankruptcy proceedings.

The trustee further demanded payment to Norsk Tipping AS reversed in accordance with the Coverage Act 5-5.

Can the trustee reverse the payment to Norsk Tipping?

Is the payment to Norsk Tipping a significant deterioration of God Mat AS's ability to pay?

Does the payment appear to be ordinary?