Short answer. Russian bankruptcy for a person in disability category 1, 2 or 3 follows the ordinary rules: the category alone does not provide automatic discharge, a shorter procedure or access to MFC filing. The court reviews insolvency, income, assets and good faith; MFC filing requires the statutory debt range and a ground under Article 223.2. Pension, social benefits, medical expenses and a disability-related vehicle require separate legal and evidentiary review.
Court or MFC: choosing the procedure
The court examines debts, income, assets, transactions and good faith. Disability is relevant to necessary expenses and protected property, but does not replace the legal grounds.
Total debt must be within the statutory range and at least one of the four grounds for the out-of-court procedure must be proved.
When a person with a disability may file through an MFC
Article 223.2 of the Bankruptcy Law sets a RUB 25,000–1,000,000 debt range. Disability is not an independent ground. One of the following situations must apply.
| Ground | What is checked | Disability-specific point |
|---|---|---|
| Enforcement ended for lack of assets | Return under Article 46(1)(4) of the Enforcement Law and no later open proceedings | A disability certificate does not replace bailiff records |
| Pension is the main income | The enforcement instrument is at least one year old, was presented and remains wholly or partly unenforced; there is no seizable property apart from listed income | Prove the precise pension type and that it is the main income |
| Monthly child benefit | A similar one-year condition and no seizable property | This ground follows the benefit, not the applicant’s disability |
| Instrument is at least seven years old | It was presented but remains wholly or partly unenforced | This is independent of pension type |
Timing matters: the instrument must have been issued at least one or seven years before filing. This does not mean “during the last year” or “during the last seven years.”
What disability categories 1, 2 and 3 change
A result cannot be predicted from the category number. A certificate proves status; prescriptions, invoices and receipts prove costs; rehabilitation records and actual need prove the connection between an asset and disability.
Pensions and social benefits
Article 101 of the Enforcement Law protects several purpose-specific payments, but not every payment informally called a disability pension. An insurance disability pension is expressly excluded from the general immunity for social-insurance benefits. The treatment of a social pension and supplements depends on the precise payment and recipient status.
| Receipt | Safe conclusion | Evidence |
|---|---|---|
| Insurance disability pension | No complete immunity merely because of its name; the protected minimum and other rules still apply | Social Fund certificate, bank statement, legal basis |
| Social pension and supplements | Treatment depends on recipient category; paragraph 22 separately addresses disabled children and persons declared legally incapable | Award decision and status documents |
| Health-injury, care and category payments | Many are protected when their statutory purpose and source are proved | Award decision, bank income code and statement |
| Rehabilitation compensation | The law separately lists certain payments for technical aids, travel and guide-dog maintenance | Award record, receipts and purpose documents |
All accounts and receipts must be disclosed to the financial manager. A separate account can improve traceability but does not create immunity by itself.
Subsistence minimum and medical expenses
Under Article 213.25 of the Bankruptcy Law, property protected by civil-procedure rules is excluded from the bankruptcy estate. Article 446 of the Civil Procedure Code protects money at least equal to the applicable subsistence minimum.
If that amount is objectively insufficient for expensive medicine, medical services, care or rehabilitation, the debtor may file a reasoned application. Paragraph 2 of Supreme Court Plenum Resolution No. 48 permits additional funds to be excluded when necessity is proved and creditor interests are balanced. No amount or outcome is guaranteed in advance.
Vehicles and rehabilitation property
Article 446 protects vehicles and other property necessary specifically because of disability. Convenience or ownership alone is insufficient. Useful evidence may include an individual rehabilitation programme, medical records, vehicle adaptation, treatment routes and the absence of a reasonable transport alternative.
Disputes over protected property are resolved in the bankruptcy case. Concealing or transferring a vehicle before filing creates separate good-faith and transaction risks.
Documents to prepare before filing
- Classify income. Obtain Social Fund certificates and statements identifying each receipt.
- Check enforcement records. Collect all bailiff decisions if MFC filing is considered.
- Evidence disability. Prepare the certificate, federal-register extract, rehabilitation plan and prescriptions.
- Calculate expenses. Attach prescriptions, receipts, care agreements and a monthly schedule.
- Explain assets. Show why a vehicle, device or other item is necessary because of disability.
- Disclose fully. Protection is determined after disclosure, not instead of it.
Does disability affect discharge?
Disability may explain reduced income and higher essential costs, but good faith is assessed under the ordinary rules. Discharge depends on compliance, complete disclosure and the absence of refusal grounds under Article 213.28 of the Bankruptcy Law, not on the disability category.
How to substantiate extra treatment funds
Prepare a monthly calculation linking the prescription to dosage, frequency, pack count and actual cost. Identify free provision, reimbursement and other funding separately so that the same expense is not requested twice.
Conditional arithmetic: two medicine packs at RUB 1,800 plus four treatment trips at RUB 350 cost RUB 5,000. If RUB 1,000 of those costs is reimbursed, the uncovered amount is RUB 4,000. The figures are illustrative, not prices or a guaranteed addition to the subsistence minimum.
- Attach current prescriptions and evidence of prices or actual spending.
- State which months the request covers and why the already protected funds are insufficient.
- Explain the connection between travel, care or equipment and the actual disability-related need.
- If a prescribed item cannot be obtained free, attach available responses or other evidence explaining the additional expense.
The bankruptcy court assesses necessity and the balance of interests; a list of preferred purchases alone does not establish an automatic entitlement.
Quick check
Article 101(1)(9), (22) of Law No. 229-FZ and paragraphs 1–2 of Plenum Resolution No. 48 checked on 21 October 2026.
Frequently asked questions
What if a disabled child’s payment arrives in the debtor parent’s account?
Identify the child as beneficiary using the award decision and payment records. A payment intended to maintain the child must be separated from the parent’s personal pension and salary. See child funds in a parent’s account.
Can a person with a disability file for bankruptcy?
Yes. Court bankruptcy follows the ordinary rules. MFC filing also requires debt within the statutory range and an Article 223.2 ground.
Can a disabled debtor use the MFC procedure?
Yes, if all statutory conditions are met. Disability alone is insufficient; the pension ground requires proof of pension type, main-income status, the age and non-enforcement of the instrument and absence of seizable property.
Will the entire pension be taken?
There is no single answer for every pension. The payment type, statutory basis and applicable immunity must be identified; a protected minimum also remains available.
Will a disabled person’s vehicle be sold?
Not automatically. Protection may apply if the vehicle is necessary because of disability and that link is documented.
Can medical costs be retained above the subsistence minimum?
The court may allow additional essential costs on a reasoned application. Prescriptions, a calculation and price evidence are needed; neither the outcome nor the amount is guaranteed.
Does disability shorten bankruptcy?
No automatic shorter term applies. Disability affects evidence of income, expenses and assets, not the statutory stages.
Official sources and related guidance
- Bankruptcy Law: Articles 223.2, 213.25 and 213.28.
- Enforcement Law: Article 101.
- Civil Procedure Code: Article 446.
- Supreme Court Plenum Resolution No. 48 of 25 December 2018.
Related guidance: personal bankruptcy services, protected payments and money and the subsistence minimum in bankruptcy.
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