COMPLETION · BALANCE · ENFORCEMENT
An order completing asset realization does not discharge unpaid maintenance. Separate remaining arrears from continuing monthly obligations, reconcile payments and establish the correct enforcement route.
Legal provisions checked on 5 September 2026. This article concerns completion of the maintenance payer’s personal bankruptcy.
Not discharged
Article 213.28(5) preserves the unpaid maintenance claim.
Reconcile the balance
Payments during the case reduce the debt and must not be collected twice.
Continuing obligation
Completion does not itself terminate the family-law basis for maintenance.
What to check after the final order
| Step | Evidence | Outcome |
|---|---|---|
| Obtain final order | Completion order | End date |
| Reconcile register | Report and claims register | Paid component |
| Calculate balance | Monthly ledger | Post-case amount |
| Obtain enforcement document | Bankruptcy court where applicable | Enforcement basis |
| Check enforcement status | Bailiff’s orders | Correct next step |
Balance check
Five post-completion actions
Download the final order
Confirm completion rather than termination on another ground.
Request the distribution report
Use amounts and dates, not only a paid percentage.
Build one calendar
Combine accruals, receipts and balance without duplication.
Obtain or present the title
The route depends on registry participation.
Continue current payments
A payer does not wait for a new claim while the duty remains.
Why Maintenance Debt Survives Discharge
Article 213.28(5) of Federal Law No. 127-FZ expressly preserves maintenance claims after the case to the extent unpaid. This also covers claims not filed in the procedure, although a recipient who stayed outside the case may have missed estate distributions.
For an unpaid component included in the registry, the court issues an enforcement writ under the statutory procedure.
Restart from the Verified Balance, Not the Old Gross Figure
The recipient should credit every bankruptcy distribution and proper payment, then continue accruals under the existing title. The payer should identify the month and purpose of each transfer. A child reaching adulthood may end future accruals under the general rule, but accrued arrears do not disappear. Any change in amount requires a lawful family-law basis and does not occur automatically because of bankruptcy.
For the recipient: where to start
Obtain the manager’s report and payment records, then request the bailiff’s current arrears calculation and enforcement orders. Check the actual status: do not assume that every maintenance enforcement proceeding was necessarily terminated during bankruptcy. Supply evidence of amounts received so that paid debt is not collected again.
If the claim was included in the register and remains unpaid, the enforcement writ is addressed under Article 213.28(5). For an existing court order, writ or notarised agreement, check where the document is held and how duplicate collection is prevented. Your own spreadsheet assists reconciliation but does not replace the bailiff’s arrears determination.
For the payer: how to prove payment
Keep payment records showing the recipient, month and purpose. If the calculation is wrong, submit the evidence and a recalculation request to the bailiff. Unemployment does not itself reduce maintenance to zero: for income-share child maintenance, Article 113 of the Family Code provides for an arrears calculation using average Russian earnings where the payer did not work or income records are unavailable. This is not the subsistence minimum.
Example: avoid double counting
Assume verified arrears of RUB 240,000, of which RUB 60,000 was paid during bankruptcy. The remaining part of that debt is RUB 180,000, not RUB 240,000. Add later accruals and credit later payments separately. This example excludes indexation and other possible claims; the final calculation requires records.
Legal sources
Article 213.28(5) of the Bankruptcy Law preserves maintenance claims and addresses enforcement writs; Article 113 of the Family Code addresses arrears calculations; Article 119 of the Family Code addresses changing court-ordered maintenance. Bankruptcy alone does not replace the family-law grounds.
FAQ
Are maintenance arrears discharged with loans?
No, the unpaid maintenance claim survives.
Is a new lawsuit required?
The existing order or agreement commonly remains effective; verify the enforcement route.
Can an unfiled claim be collected?
Article 213.28(5) also preserves unfiled maintenance claims.
How are case payments treated?
Credit them by date and purpose to prevent double counting.
Does bankruptcy reduce future maintenance?
Not automatically; modification follows family law.
Related materials
Maintenance during bankruptcy · Claim priority · After bankruptcy
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