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Part 3 · Effects of opening insolvency proceedings  ›  Division 2 · Performance of transactions. Cooperation of works council › Section 110

Debtor’s status as landlord or lessor

(1) If the debtor, as landlord or lessor of immovables or premises, assigned a future claim to tenancy or lease fees to a third party before the insolvency proceedings were opened, the validity of such assignment is limited to tenancy or lease fees to be received for the current month following the opening of insolvency proceedings. If the insolvency proceedings were opened after the fifteenth day of the month, the validity of such assignment is also valid in respect of the following month.

(2) In particular, collection of the tenancy or lease fees is deemed to be an assignment for the purpose of subsection (1). An assignment under contract is deemed to be equivalent to a transfer effected by way of execution.

(3) Tenants or lessees may set off any claim entitling them against the debtor against the claim to tenancy or lease fees covering the period referred to in subsection (1). Sections 95 and 96 nos. 2 to 4 remain unaffected.

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