A person that owes a debt to the bankrupt may not offset a debt in the following cases:
破産者に対して債務を負担する者は、次に掲げる場合には、相殺をすることができない。
when the person has acquired another person's bankruptcy claim after the commencement of bankruptcy proceedings;
破産手続開始後に他人の破産債権を取得したとき。
when the person has acquired a bankruptcy claim after the bankrupt became unable to pay debts, and the person knew the fact that the bankrupt was unable to pay debts at the time of acquisition of the claim;
when the person has acquired a bankruptcy claim after the bankrupt suspended payments, and the person knew the fact that the bankrupt had suspended payments at the time of acquisition of the claim; provided, however, that this does not apply if the bankrupt was not unable to pay debts at the time when the bankrupt suspended payments; or
when the person has acquired a bankruptcy claim after a petition to commence bankruptcy proceedings was filed, and the person knew the fact that a petition to commence bankruptcy proceedings had been filed at the time of acquisition of the claim.
破産手続開始の申立てがあった後に破産債権を取得した場合であって、その取得の当時、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 items (ii) through (iv) of the preceding paragraph do not apply if the acquisition of a bankruptcy claim prescribed in these provisions stems from any of the causes stated 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破産債権の取得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 person that owes a debt to the bankrupt 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;
a cause that had occurred more than one year before a petition to commence bankruptcy proceedings was filed; or
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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