From what events do the periods that bar exercising the avoidance power run, and what is left for the file to show?
General information · Not legal advice
Material to check
In a practice file we read the court's ruling commencing the rehabilitation proceedings and the date attached to it, and the papers showing when the challenged act was done, such as the dated contract or transfer record, because each period the provision sets runs from one of those dates.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats both bars as absolute: the avoidance power may not be exercised once the period the provision sets from the date of the commencement of the rehabilitation proceedings has run, and it may equally not be exercised once the period it sets from the date of an act falling under each item of the relevant provision has run, so once either bar has arrived the power is closed.
Another reading notes what the provision leaves out: it sets no period running from the day the act became known to the party wishing to avoid it, and it does not state what becomes of a step taken after a period has run, whether it is void or merely rejected when raised.
Your judgment
If the parties disagree about when the challenged act was done, what in the file could fix that date for the court?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change either running point or the length of either period, or if a court decision states what happens to an avoidance step taken after a period has run.