We know everything about bankruptcy
18/10/2024
Friday
18 October 
1970 The first ever space flight of a cat (Felicette).
1970 A decree on the equalization of the rights of peasants with other estates was issued in Russia. This concerned the civil service, freedom to choose a permanent residence and the abolition of corporal punishment.
1970 Alaska passed from Russia to the United States.
IF THE CREDITOR'S CLAIM IS JUSTIFIED, ITS REPAYMENT DOES NOT ENTAIL UNJUSTIFIED ENRICHMENT
Subsequently, the plaintiff was declared bankrupt, and the outstanding part of the defendant's claim was included in the register. The manager transferred funds to the defendant in order to repay his claim, after which the determination on approval of the settlement agreement between the parties was canceled, and the set-off was invalidated by the transaction with preferred satisfaction.
The plaintiff, believing that as a result of repayment of the defendant's claim, unjustified enrichment arose on the latter's side, filed a lawsuit.
The court of first instance refused to satisfy the claim, referring to the fact that the court decision itself on collecting debts from the plaintiff in favor of the defendant was not reviewed and was not canceled. The cancellation of the determination on the inclusion of the defendant's claim in the register (due to the inadmissibility of offsetting) is aimed, among other things, at the need to adjust the amount of the defendant's claim in a big way, which indicates the absence of unjustified enrichment on the side of the latter.
The higher courts satisfied the claim, noting that the funds were received on the basis of a subsequently canceled judicial act on the inclusion of the claim in the register, therefore, the amounts received are unjustified payments subject to return to the bankruptcy estate.
The Supreme Court referred the defendant's complaint to the board, emphasizing the following:
"The defendant insists that when reviewing the judicial ruling on the inclusion of his claim in the register, the validity of the debt was not questioned, according to the results of the review, the debt in any case could not be adjusted downward, which means that when paying off part of the debt, unjustified enrichment it did not arise. The applicant of the cassation complaint draws attention to the fact that by the ruling of the court of first instance in the bankruptcy case of the plaintiff, the defendant's claim is re-included in the register on the same grounds."
