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insolvency filing. The administrator may challenge a transfer made with the intentionof harming creditors within ten years before the insolvency filing. 32b. FranceIf the Court determines that a company is insolvent, it will open insolvencyproceedings and will set out the “date of insolvency”. Such date may be set up to 18months before the date of the judgment opening the liquidation. The period betweenthe date of insolvency and the date of the judgment opening the liquidationproceeding is referred to as the “Période suspecte.” Certain decisions made duringsuch period are automatically void (e.g., granting of a mortgage) or may be voided(e.g., payment of a debt due and payable while the creditor was aware of thesituation of debtor’s insolvency) by the Court.c. England and Walesi. PreferenceThe office holder can challenge a transfer made by an insolvent company that putsthe transferee in a better position than it would otherwise be in the insolvency, whereany recovered assets would be shared pro-rata with other creditors. The “look back”period for the transfer is six months from the commencement of insolvency,extended to two years if the transferee is connected to the insolvent company. 3332 Often called avoidable fraudulent transfer or fraudulent conveyances in U.S. law.33 The company must be insolvent at the time of the transfer, or rendered insolvent as a result of thetransfer.23

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