Offsetting may be contested if a debtor of the bankrupt1has acquired a claim against the bankrupt prior to bankruptcy being declared but with knowledge of the bankrupt's insolvency in order to obtain an advantage for himself or another person by means of offsetting, to the detriment of the bankruptcy estate.
Term pursuant to No I of the FA of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227;BBl 1991 III 1). This amendment has been made throughout the text. ↩
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