The MFO is a creditor
Its claim requires evidence and judicial review.
The amount is checked
Principal, payments, interest, penalties and assignment must be reconciled.
Discharge is judicial
The court applies the exceptions in Article 213.28.
What changes when a bankruptcy procedure begins
Merely preparing or filing a petition does not erase a microloan. Statutory effects follow the court order opening a procedure. In debt restructuring, pre-procedure monetary claims are handled in the bankruptcy case and the moratorium and accrual rules of Article 213.11 apply. In asset realisation, the creditor must also submit its claim to the commercial court.
| Stage | Legal position | What the debtor should check |
|---|---|---|
| Before the petition is accepted | The agreement and ordinary collection process remain in force | Every MFO, assignment, court order and enforcement file |
| Debt restructuring | Old monetary claims are filed in the case under the statutory moratorium | Principal, interest, penalties and claim date |
| Asset realisation | The court determines the claim and distributions follow bankruptcy priorities | The current creditor and any duplicate claim |
| Case completion | The court rules separately on discharge | Article 213.28 exceptions and any good-faith objection |
How to verify the MFO and its calculation
The lender should first be checked through the Bank of Russia microfinance registers. The agreement, bank statement, payment history and creditor calculation must then be compared. A balance displayed in an app is not, by itself, a complete proof of the claim.
- confirm the amount actually transferred to the borrower;
- reconcile every payment and its allocation;
- separate principal, interest and penalties;
- identify any assignment to a new creditor;
- check that the original and new creditor have not both filed the same debt.
A recent microloan before bankruptcy
Russian law does not create a mechanical rule that every loan obtained shortly before filing survives bankruptcy. The court examines what the borrower disclosed, whether repayment was realistically expected, how the money was used and whether other debts or material facts were concealed.
The decisive issue is proven conduct, not the calendar alone. Statements should not be reconstructed after the event. Bank records, applications and expenditure evidence should explain the real financial situation.
Practical sequence
- Obtain the credit history and account statements for the borrowing period.
- List every MFO, agreement, amount received, payment, current creditor and collection stage.
- Check the lender’s regulatory status and keep the result.
- Compare submitted claims with the bankruptcy docket and the trustee’s notices.
- Prepare a documented objection if the calculation is wrong.
- Explain recent borrowing and use of funds accurately and consistently.
See the personal-bankruptcy roadmap, the guide to the creditor register and the overview of non-dischargeable claims.
FAQ
Must every microloan be disclosed?
Yes. Known lenders, agreements and assignees should be listed even if the amount is disputed.
Can the MFO amount be challenged?
Yes. The debtor may submit agreements, payment evidence and a reasoned alternative calculation.
Does interest keep growing after the procedure starts?
Pre-procedure claims become subject to the special bankruptcy accrual and moratorium rules. The exact result depends on the claim and the opening date.
Are all microloans automatically discharged?
No. The court decides discharge at completion and applies Article 213.28 exceptions.
Official sources
- Bankruptcy Law, Article 213.11;
- Bankruptcy Law, Article 213.28;
- Bank of Russia: microfinance;
- Bank of Russia financial-market participant search.
Need to review microloans before filing?
The agreements, assignments, calculations and good-faith risks can be mapped before documents are submitted.
Initial consultation