Bankruptcy and Obligation to Restore Entrusted Funds

An individual who, under a mandate, had received funds intended for a third party, was sued for restitution after failing to remit the money, leading the lower court to rule that the obligation to remit the funds was not extinguished by the debtor's subsequent declaration of bankruptcy, as the relationship was one of deposit or mandate, not a simple unsecured debt. The highest court quashed this decision, reasoning that the funds entrusted under a mandate or deposit, if they were not proven to have been kept separate or identifiable, generally become part of the general assets of the agent or depositary upon receipt, thus making the obligation to restore them a claim subject to the ordinary proceedings of bankruptcy and not one exempt from the general effects of such proceedings.