Case law on the exercise of set-off in insolvency proceedings: set-off of claims not included in the list of creditors.

Abstract

The offsetting of credits and debts of the debtor is a classic topic in insolvency law, in which the claim-cancelling and guarantee function that this institute can perform is confronted with the purposes of the insolvency proceedings. Case-law interpretation has contributed to delimit the requirements that must be met for its exercise within the insolvency proceedings. The full communication of the claim of the creditor-debtor in bonis in the insolvency proceedings does not constitute a necessary requirement for the offsetting, nor can it be understood as a waiver to offset.