Form determines the case
EGRUL/EGRIP extracts, the members’ agreement and formation date show who the debtor is.
Assets must be separated
Land, machinery, livestock, crops and lease rights are traced by ownership, funding and use.
Seasonality matters
Future crops, production cycles, subsidies and natural risks affect any recovery assessment.
Who is the debtor?
| Form | Evidence | Practical consequence |
|---|---|---|
| Farm without a legal entity | Head’s registration, member agreement and connection of debts with farm activity | Special rules for the farm head apply together with individual-bankruptcy rules |
| Farm registered as a legal entity | EGRUL entry, charter and the organisation’s own assets and debts | The organisation is the debtor; members’ personal debts are not automatically included |
| Member’s personal property | Acquisition source, payment and actual use | Use by the farm alone does not prove ownership by the debtor |
| Common farm property | Common funds, agreement and accounting or registration records | It must be separated from members’ personal assets with evidence |
Land and productive assets
- land is checked by category, permitted use, ownership or lease and security;
- agricultural-land transfers remain subject to Federal Law No. 101-FZ;
- machinery, livestock, seed, stock and crops are valued as separate assets;
- a subsidy is not automatically protected after payment; purpose, conditions and cash flow matter;
- third-party assets require clear ownership and transfer evidence;
- mortgages and security remain relevant, with collateral sold under bankruptcy rules.
Preparation sequence
Confirm the legal form
Obtain current extracts, the member agreement and the charter if one exists.
Map every debt
Separate loans, leases, suppliers, taxes, wages, land rent and personal obligations.
Inventory assets
Record land, machinery, livestock, crops, receivables, subsidies and security.
Support the seasonal forecast
Prepare production plans, buyer contracts, yield, insurance and expected-revenue evidence.
Documents for initial review
- EGRUL and EGRIP extracts;
- member agreement or legal-entity charter;
- EGRN land records;
- loan, security, lease and leasing agreements;
- machinery, livestock, inventory and work-in-progress registers;
- accounts, bank statements, subsidies and public contracts;
- planting, harvest and revenue forecasts.
FAQ
Do the head’s personal debts automatically become farm debts?
No. The legal nature of each claim and the farm’s form must be established. The same person being involved does not remove the evidence requirement.
Can the operating complex be preserved?
Recovery procedures may be available, but the result depends on a realistic plan, seasonality, security and creditors. Preservation cannot be guaranteed.
Is a relative’s machine part of the estate?
Not merely because the farm used it, but the owner must prove title, payment and the legal basis for possession.
Can agricultural land be sold to any buyer?
No. Bankruptcy-auction rules operate together with statutory agricultural-land restrictions.
Official sources
- Federal Law No. 127-FZ, special farm rules
- Federal Law No. 352-FZ
- Federal Law No. 101-FZ on agricultural land
- Federal Tax Service EGRUL/EGRIP register
Related guides: former sole-proprietor bankruptcy, sale of an individual’s assets and agricultural-organisation bankruptcy.
Need to identify the debtor and separate farm assets from personal property?
Initial consultation