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Part 3 · Effects of opening insolvency proceedings  ›  Division 3 · Contest of debtor’s transactions in insolvency proceedings › Section 137

Payments on bills of exchange and cheques

(1) The debtor’s payment on bills of exchange may not be claimed to be restituted by the recipient under section 130 if the law governing bills of exchange would have barred the recipient’s claims arising from the bill against other endorsers, the drawer or drawee if the recipient had refused the debtor’s payment.

(2) However, the amount paid on a bill is to be restituted by the last endorser or, if the bill was endorsed on the account of a third party, by such party if the last endorser or the third party was aware or, due to gross negligence, unaware of the debtor’s insolvency or of the request to open insolvency proceedings on endorsing the bill or having it endorsed. Section 130 (2) and (3) applies accordingly.

(3) Subsections (1) and (2) apply accordingly to cheque payments made by the debtor.

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