IBC 173 — Mutual credit and set-off

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) Where before the bankruptcy commencement date, there have been mutual dealings between the bankrupt and any creditor, the bankruptcy trustee shall—
(a) take an account of what is due from each party to the other in respect of the mutual dealings and the sums due from one party shall be set-off against the sums due from the other; and (b)  only  the  balance  shall  be  provable  as  a  bankruptcy  debt  or  as  the  amount  payable  to  the bankruptcy trustee as part of the estate of the bankrupt.
(2)  Sums  due  from  the  bankrupt  to  another  party  shall  not  be  included  in  the  account  taken  by  the bankruptcy trustee under sub-section (1), if that other party had notice at the time they became due that an application for bankruptcy relating to the bankrupt was pending.

Back to IBC