From which events do the periods for exercising avoidance rights run, and what happens once either period has passed?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the bankruptcy declaration decision to fix the day it was made, and the transaction papers, transfer records or payment documents that show the day each listed act was done, since the provision counts from those days.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats both periods as cut-offs: avoidance rights cannot be exercised once the period counted from the day of the bankruptcy declaration has run, and cannot be exercised once the longer period counted from the day the listed act was done has run.
Another reading stresses that the two periods count from different events, so an act done far in the past may fall outside the longer period while the declaration is recent, and the provision leaves open how the day of the act is to be established.
Your judgment
Where the papers do not fix the day the listed act was done, on which day does the longer period begin to run?
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 periods or their starting events are amended, or if a court decides what proof fixes the day a listed act was done for counting.