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Part 3 · Effects of opening insolvency proceedings  ›  Division 3 · Contest of debtor’s transactions in insolvency proceedings › Section 131

Incongruent coverage

(1) A transaction granting or facilitating an insolvency creditor a security or satisfaction without that creditor’s entitlement to such security or satisfaction, or to the kind or date of such security or satisfaction, may be contested if such transaction was made

1.  during the last month prior to the request to open insolvency proceedings or after such request;

2.  within the second or third month prior to the request to open insolvency proceedings, and the debtor was illiquid on the date of the transaction;

3.  within the second or third month prior to the request to open insolvency proceedings, and the creditor was aware of the disadvantage to the insolvency creditors arising from such transaction on its date.

(2) For subsection (1) no. 3 to apply, awareness of circumstances necessarily indicating to the disadvantage is considered equivalent to awareness of the disadvantage to the insolvency creditors. A person with a close relationship to the debtor on the date of such transaction (section 138) is presumed to have been aware of the disadvantage to the insolvency creditors.

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