Bankruptcy trustee is both warranted and amenable to the claim of the rescission when maleficence caused by Debtor and relevant party still exists during the execution of Right of Rescission.

• 债务人和相关人实施的有损于破产财产为标的的行为，所造成的有害性于撤销权行使时依然存在，破产管理人有权利也有义务主张撤销。