Court order first
The order must identify both invalidity and concrete consequences.
Return must be real
The counterparty claim is linked to actual replenishment of the estate.
Conduct affects priority
A bad-faith recipient may rank below ordinary third-priority claims.
General and bankruptcy restitution
| Rule | Return | Bankruptcy feature |
|---|---|---|
| Civil Code Article 167 | Everything received or value if return is impossible | Subject to special Bankruptcy Law rules |
| Bankruptcy Law Article 61.6 | Debtor property or value to the estate | Controls restored claim and priority |
| Actual performance | Property, money, rights or value | A judgment alone may not establish the counterclaim |
Article 61.6 returns everything transferred by or at the expense of the debtor to the estate. If the asset is gone, value and applicable losses may be recovered. A counterparty should not receive a restored claim while retaining the debtor’s performance.
Counterparty workflow
Read the operative order
Identify the invalid transaction, each return duty and any fixed value.
Document actual return
Use an acceptance act, bank record or rights registration.
Identify the avoidance ground
Article 61.2 or 61.3 grounds affect restored-claim priority.
File the restored claim
Attach the order, actual-return evidence and a calculation.
Asset already resold
Inability to return an individual asset does not eliminate restitution. Value, losses and claims against later acquirers are assessed under their respective grounds without duplicate recovery.
Documents
- challenged contract and performance records;
- final court order;
- return act or payment record;
- valuation evidence;
- rights-register extracts;
- restored-claim calculation.
FAQ
Is the claim restored immediately?
Its route depends on the invalidity ground and proof that received value was actually returned.
Can value be paid instead of the asset?
Yes where return in kind is impossible, with evidence of value and date.
Is priority always subordinated?
No. Special subordination applies to specified Article 61.6 grounds and circumstances.
Is a separate register application required?
Generally the restored monetary claim must be procedurally established.
Official sources
Related guides: transaction avoidance, unjust enrichment and creditor register.
Need to assess consequences of an avoided transaction?
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