A bankruptcy creditor may not effect a set-off in the following cases:
破産債権者は、次に掲げる場合には、相殺をすることができない。
if the bankruptcy creditor has incurred a debt to the bankruptcy estate after the commencement of bankruptcy proceedings;
破産手続開始後に破産財団に対して債務を負担したとき。
if the bankruptcy creditor has incurred a debt to the bankrupt after the bankrupt became unable to pay debts, under a contract with the bankrupt for disposing of the bankrupt's property with the intent to offset any debt to be incurred by the bankruptcy creditor under the contract exclusively against bankruptcy claims, or under a contract for incurring any debt owed by another person to the bankrupt, and the bankruptcy creditor knew that the bankrupt was unable to pay debts at the time of the conclusion of the contract;
if the bankruptcy creditor has incurred a debt to the bankrupt after the bankrupt suspended payments, and the bankruptcy creditor knew the fact that the bankrupt had suspended payments at the time of incurring of the debt; provided, however, that this does not apply if the bankrupt was not unable to pay debts at the time when the bankrupt suspended payments; and
if the bankruptcy creditor has incurred a debt to the bankrupt after a petition to commence bankruptcy proceedings was filed, and the bankruptcy creditor knew of the fact that a petition to commence bankruptcy proceedings had been filed at the time of incurring that debt.
破産手続開始の申立てがあった後に破産者に対して債務を負担した場合であって、その負担の当時、破産手続開始の申立てがあったことを知っていたとき。
The provisions of item (ii) through item (iv) of the preceding paragraph do not apply if the incurring of a debt prescribed in these provisions stems from any of the causes listed in the following items:
前項第二号から第四号までの規定は、これらの規定に規定する債務の負担が次の各号に掲げる原因のいずれかに基づく場合には、適用しない。
a statutory cause;
法定の原因
a cause that had occurred before the bankruptcy creditor came to know the fact that the bankrupt had been unable to pay debts, that the bankrupt had suspended payments, or that a petition to commence bankruptcy proceedings had been filed; or
a cause that had occurred not less than one year before a petition to commence bankruptcy proceedings was filed.
破産手続開始の申立てがあった時より一年以上前に生じた原因
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