A Russian personal bankruptcy order does not automatically eliminate claims against a money mule. The court must identify the transfers, legal basis, discharge findings and any interest claim arising during the proebtor’s conduct. A claim may concern unjust enrichment, loss, damage or a criminal judgment, each requiring separate classification.
Claims to separate
| Claim | Determine | Why |
|---|---|---|
| Transferred principal | Basis of receipt and onward payment | Defines the principal amount |
| Unjust enrichment | Acquisition without legal basis | Does not itself establish intent |
| Loss or damage | Wrongfulness, causation and applicable fault rule | May affect discharge exceptions |
| Criminal-judgment award | Exact award to the victim | Article 213.28(5)–(6) may survive general wording |
| Moratorium interest | Procedure period and calculation base | May require a later separate claim |
| Litigation costs | Accrual date and basis | Should not be merged mechanically |
Record check
Mark what is available.
Practical sequence
Trace the transfers
Collect statements, recipients, dates and payment details.
Identify the basis
Classify enrichment, damage, loss or a criminal award.
Split amounts
Separate principal, ordinary interest, moratorium interest and costs.
Review bankruptcy
Check the register, orders and good-faith findings.
Read completion
General discharge wording does not override Article 213.28(5)–(6).
Select the procedure
Use the legally available route for a surviving or additional claim.
Frequently asked questions
What is a money mule legally?
It is a practical label for a person whose account carried disputed funds. Liability depends on facts and legal grounds.
Does immediate onward transfer eliminate liability?
No automatic conclusion follows. The court examines the basis, role and evidence.
Does discharge close every victim claim?
Not necessarily. Article 213.28 exceptions and the judgments must be applied.
What is moratorium interest?
A special accrual for the bankruptcy moratorium period, requiring a separate base and period calculation.
May interest be claimed after completion?
The recent Supreme Court position allows remaining moratorium interest to be pursued in ordinary proceedings where grounds exist.
Primary sources
- Supreme Court: money-mule bankruptcy and interest
- Insolvency Law, Article 213.28
- Supreme Court personal-bankruptcy review
- Civil Code, Article 1102
Related guidance
Unjust enrichment · Judgment debt · Refusal of discharge
Need to classify the claim?
Review the money trail, judgment, discharge and interest calculation from the documents.
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