No default required
Prospective insolvency is available for the debtor’s own court filing.
Evidence-based forecast
Due dates, income, assets and the specific adverse event must be documented.
Judicial review
Filing does not automatically establish bankruptcy.
Good faith
The crisis must not be manufactured through concealment, transfers or new unaffordable borrowing.
When an early filing may be justified
| Circumstance | Useful evidence | Not enough alone |
|---|---|---|
| Documented loss of stable income | Termination record, employment data and revised income forecast | A verbal fear of dismissal |
| Objective lasting income reduction | Statements, tax, medical or family records | One weak month without a lasting change |
| Large obligations becoming due | Agreements, schedules, orders and dated demands | Total available credit limits |
| Insufficient liquid assets | Inventory, title, security, marital property and valuation | Pre-filing transfers to relatives |
| Inability to pay all creditors | Unified payment calendar and family cash flow | Selecting one creditor for non-payment |
Building a defensible forecast
Identify the break date
State the documented event after which cash flow no longer covers mandatory payments.
Prepare a 6–12 month calendar
Show dates, amounts, reliable income and unavoidable family expenses.
Disclose every asset
Include security, marital property, interests, vehicles and recent transactions.
Separate liquidity from value
Property may have value yet be secured or unavailable by a payment due date.
Test alternatives
Explain why lender restructuring, deferral or sale of unprotected assets does not resolve the shortfall.
Assemble Article 213.4 records
Creditor lists, asset inventory, accounts, income, transactions and family documents must be complete.
Default, amount and route are different tests
Right to file
Assessed under Article 213.4(2) and prospective-insolvency facts.
Duty to file
Article 213.4(1) separately applies at an aggregate RUB 500,000 plus the payment-conflict test.
Creditor filing
Article 213.3 generally requires RUB 500,000 and three months’ default.
MFC route
It requires the debt range and a specified enforcement history, which usually cannot exist before default.
Conduct to avoid
- taking new loans while knowing there is no genuine repayment capacity;
- routing income to third-party accounts or hiding electronic money;
- gifting or undervalue-transferring assets;
- selectively paying connected persons without a genuine economic basis;
- presenting unsupported optimistic or pessimistic forecasts;
- treating an application as a guaranteed discharge.
Frequently asked questions
May a debtor file while every loan is current?
Yes, where prospective insolvency is objectively evidenced. The court must see future inability to pay, not merely a wish to exit contracts.
Should the debtor deliberately miss a payment?
No. The law does not require an artificial default for the debtor’s own filing. Correct route selection and Article 213.4 evidence matter.
Is a termination letter enough?
Usually not. It is assessed with family income, assets, payment schedules, employment prospects and other facts.
Can the MFC route be used in advance?
The MFC route also requires a statutory enforcement-document history, which usually does not exist before default.
Will the court discharge debts immediately?
No. The petition is first reviewed and a procedure selected; discharge is considered only in the final order.
Primary legal sources
- Insolvency Law Article 213.4
- Article 213.6: merits review
- Article 213.3: opening the case
- Russian Supreme Court personal-bankruptcy review, 18 June 2025
Related guides
Debt threshold · Court procedure · Bankruptcy consequences
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