| Commentary

221 Trustee’s title

| Commentary

221 Trustee’s title

The trustee in bankruptcy takes no better title to property comprised in the bankrupt’s estate than the bankrupt himself had1. The bankrupt’s property passes to the trustee with the same status and in the same condition in which it was in the bankrupt’s hands, and is subject to all the equities2 and liabilities, to all dispositions which have been validly made by the bankrupt, and to all rights which have been validly acquired by third parties at the commencement of the bankruptcy. Accordingly, a tenant was held entitled to deduct, from rent payable

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