Prove the enrichment
A bank transfer alone is insufficient. The court examines the payment basis, the parties’ relationship and any counter-performance.
Timing controls status
A pre-filing obligation is normally a register claim; a later obligation may be current.
Discharge is fact-specific
For an individual debtor, Article 213.28 and the circumstances creating the debt are decisive.
What is unjust enrichment?
Article 1102 of the Russian Civil Code requires a person to return property acquired or saved at another person’s expense without a statutory or contractual basis. Examples include a mistaken payment, an advance without counter-performance or unpaid use of another person’s property. Article 1109 lists exceptions, so not every disputed receipt must be returned.
| Issue | Evidence reviewed | Why it matters |
|---|---|---|
| Was there enrichment? | Money, property, saved expense and connection with the claimant | No claim exists without a proven economic benefit |
| Was there a legal basis? | Contract, statute, judgment, payment purpose and correspondence | The debtor may prove a lawful basis |
| When did the debt arise? | Receipt and the moment the basis failed or disappeared | This controls register or current status |
| What is the amount? | Principal, income, interest and repayments | Each component must be calculated separately |
Register claim or current claim
The relevant point is when the monetary obligation arose, not merely the later judgment date. A claim arising before the bankruptcy petition was accepted is generally filed in the creditor register. A claim arising later may be current. A calculation spanning both periods should be divided.
Creditor workflow
Collect primary evidence
Obtain payment records, contracts and drafts, acts, correspondence, demand letters and proof that no counter-performance occurred.
Build the timeline
Record the transfer, failure or disappearance of the basis, repayments, bankruptcy publication and court dates.
Classify each component
Separate principal, interest and damages and determine the applicable bankruptcy status.
File by the correct route
Observe the deadline, serve the participants and attach a transparent transaction-by-transaction calculation.
Personal discharge
The label “unjust enrichment” does not automatically make the debt non-dischargeable. The general personal-discharge rule applies after asset realisation, subject to Article 213.28 exceptions. Fraud, unlawful conduct when the obligation arose, concealment of assets and other statutory facts may prevent discharge. The result depends on proven facts and the court’s order.
Documents
- payment orders, receipts and bank statements;
- contracts, drafts, invoices, acts and correspondence;
- demand letter and delivery evidence;
- principal and interest calculation by period;
- EFRSB publications and bankruptcy court orders;
- proof of service on the debtor and insolvency practitioner.
FAQ
Is proof of a transfer enough?
No. It proves movement of money, but the legal basis and the parties’ relationship must also be examined.
Can interest be claimed?
Potentially, under Articles 1107 and 395, if the relevant period and the recipient’s knowledge are proved.
Is a separate judgment required first?
Not always. The bankruptcy court may determine the monetary claim unless another mandatory route applies.
Will the claim survive an individual’s bankruptcy?
An ordinary monetary claim may be discharged; statutory exceptions and bad faith are determined under Article 213.28.
Official sources
- Civil Code Article 1102
- Civil Code Chapter 60
- Bankruptcy Law Article 213.28
- Russian Supreme Court Review of 29 January 2020
Related guides: creditor register, current claims and Article 395 interest.
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