Article 168Rights Held by the Other Party Over Counter-Performance Received by the Bankrupt
第百六十八条（破産者の受けた反対給付に関する相手方の権利等）
When an act prescribed in Article 160, paragraph (1) or (3), or Article 161, paragraph (1) is avoided, the other party may exercise the right specified in each of the following items in accordance with the category stated in the respective items:
when the counter-performance received by the bankrupt actually exists within the bankruptcy estate:the right to claim the return of the counter-performance; or
when the counter-performance received by the bankrupt does not actually exist within the bankruptcy estate:the right to claim , the reimbursement of the value of the counter-performance as a holder of claim on the estate.
Notwithstanding the provisions of item (ii) of the preceding paragraph, in the cases stated in that item, if the bankrupt had the intention to conceal or carry out other disposal of the property that they received as a value for the act and the other party knew that the bankrupt had the intention at the time when the act in question was conducted, the other party may exercise the right specified in each of the following items in accordance with the category stated in the respective items:
when the enrichment arising from the counter-performance received by the bankrupt actually exists in whole within the bankruptcy estate:the right to claim the return of the actual enrichment as a holder of the claim on the estate;
when the enrichment arising from the counter-performance received by the bankrupt does not actually exist within the bankruptcy estate:the right to claim, the reimbursement of the value of the counter-performance as a bankruptcy creditor; or
when the enrichment arising from the counter-performance received by the bankrupt actually exists in part within the bankruptcy estate:the right to claim the return of the actual enrichment as a holder of claim on the estate, and the right to claim the reimbursement of any difference between the counter-performance and the actual enrichment as a bankruptcy creditor.
For the purpose of application of the provisions of the preceding paragraph, if the other party to the act in question is any of the persons stated in the items of Article 161, paragraph (2), the other party is presumed to have known that the bankrupt had the intention to conceal or carry out other disposal referred to in the preceding paragraph at the time of the act.
A bankruptcy trustee may request the other party to reimburse the amount obtained by deducting the amount that is included in the scope of claims on the estate pursuant to the provisions of the preceding three paragraphs (in the case stated in paragraph (1), item (i), the value of the counter-performance received by the bankrupt) from the value of the property to be returned when seeking to avoid an act prescribed in Article 160, paragraph (1) or (3), or Article 161, paragraph (1), in lieu of requesting the return of the property that should be returned to the bankruptcy estate pursuant to the provisions of paragraph (1) of the preceding Article,.
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