Der forderungslose Anfechtungsgegner

The insolvency challenge may not work in favour of the debtor even if there is a surplus of proceeds in the course of the proceedings. In the case of a manual transfer, a deliberately unjustified payment, cure by performance and performance on an imperfect obligation, the opponent of the challenge has no (enforceable) claim against the debtor. Nevertheless, they must participate in the distribution of assets before any surplus proceeds are paid to the debtor in accordance with section 199 of the Insolvency Act. This is where the work begins, showing what claim under enrichment law the opposing party is entitled to and how this should be taken into account in the insolvency proceedings.