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TITLE | Supreme Court Decision 2015Da33656 Decided July 29, 2016¡¼Avoidance of Fraud¡½ [full Text] |
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Summary | |
Purport of Articles 406 and 347(1) of the former Debtor Rehabilitation and Bankruptcy Act, providing for the stay of revocation proceedings filed by a bankruptcy creditor and the assumption of proceedings by the trustee in bankruptcy In cases where the trustee in bankruptcy takes over the revocation proceedings which the creditor duly filed before bankruptcy was declared, and exercises the right to set aside by amending the claims within the scope of the assumption, whether the compliance with the limitation period shall be determined based on the point at which the creditor¡¯s revocation lawsuit was first pending at the court (affirmative in principle) |
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