The Right of Set-off in Insolvency Proceedings

The right to set off a claim is a legal concept through which reciprocal claims between a creditor and a debtor company are settled against each other reducing or extinguishing the smaller claim and leaving only a balance outstanding. A right of setoff may constitute a self-help remedy upon which a creditor can rely without the assistance of the Courts. In an insolvency situation, a right of set-off can be crucial as it may improve a creditor‘s overall financial position in relation to the debtor company.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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