Financial Restructuring and Bankruptcy Law

Article 148 — Article (148) Debtor's Depositions that are Unenforceable vis-à-vis Creditors

Part Three: Declaration of Bankruptcy · Chapter Four: Contracts

1. The following actions may not be invoked vis-à-vis the creditors, if they are carried out by the debtor in respect of whom a decision is issued to initiate bankruptcy proceedings over its debts during the six (6) months preceding the cessation of payment date: a. Donations or gifts, except for small gifts that are usually accepted according to the customary practices. b. Any transactions in which the debtor's obligations are significantly unbalanced with the obligations of the other contracting party, whether these obligations are in kind or in cash. c. Repayment of debts before the maturity date, regardless of the method of repayment, or in a manner different from that usually followed to repay that type of debt. The creation of consideration for payment of a negotiable instrument that has not yet matured is considered to be considered premature repayment, unless there are commercial considerations that justify the same. d. Repayment of payable debts with considerations other than the agreed-upon ones. Repayment through negotiable instruments or bank transfer is considered the same as cash repayment, unless there are commercial considerations that justify the same. e. Arrangement of any type of new guarantee on the debtor's assets to guarantee the repayment of a previous debt, unless there are commercial considerations that justify the same. 2. Notwithstanding the actions referred to in Clause (1) of this Article, the Bankruptcy Court may order that any disposition carried out by the debtor during the aforementioned period is not enforceable if the disposition was harmful to the creditors, and the other party, with which the disposition was executed, knew or should have known at the time of its exercise that the debtor had ceased to pay its debts or was in a state of financial deficit. 3. The enforceability of the disposition may not be invoked vis-à-vis the creditors if the debtor against which a decision was issued to initiate bankruptcy proceedings regarding its debts carries out any of the acts mentioned in Clause (1) of this Article, during the two years preceding the cessation of payment date if these depositions were executed between the debtor and an insider or a related party.

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