If a marketplace operator enters bankruptcy, first identify which legal entity is the debtor and what role it performed: platform operator, agent, payment recipient, warehouse or logistics provider. A seller should separate unpaid proceeds from rights to goods, while a buyer should identify the seller, recipient of prepayment and legal basis for a refund.
Verify the counterparty
One app brand may combine several legal entities with different obligations.
Separate money and goods
A payment claim and recovery of owned stock are legally different remedies.
Preserve the account
Offers, reports, returns and balances may become unavailable after service restrictions.
First identify the actual debtor
A marketplace brand can involve several legal entities. The platform operator may provide the interface, while another company accepts payment, stores goods or performs delivery. A bankruptcy claim must be addressed to the entity that actually owes the money or holds the goods.
| Role | What to verify | Typical evidence |
|---|---|---|
| Platform operator | Terms, agency model and operator duties | Offer, account details, notices |
| Seller | Identity of the contracting seller and product obligation | Receipt, product page, order record |
| Payment entity | Who accepted and must transfer the payment | Receipt, acquiring record, settlement report |
| Warehouse or logistics entity | Who physically holds identifiable goods | Acceptance records, SKU and inventory reports |
Seller: separate proceeds from owned goods
A seller’s unpaid proceeds are normally a monetary claim. Goods stored at a warehouse may require a different remedy if ownership remained with the seller and the items can be individually identified. These issues should not be combined automatically.
- Reconcile sales,Download settlement reports, commissions, returns and withheld amounts.
- Fix the inventory,Save SKU-level stock records, acceptance documents and warehouse reports.
- Read the offer,Identify the entity obliged to remit proceeds and the entity holding goods.
- Choose the remedy,File a monetary claim for proceeds and assess a separate recovery or exclusion claim for goods.
Seller evidence checklist
- Current and historic versions of the offer and appendices
- Seller-account exports and settlement reports
- Invoices, transfer and warehouse acceptance records
- SKU, serial or batch identifiers and stock balances
- Correspondence about blocked payments, returns and withdrawals
Buyer: identify the seller and recipient of prepayment
For a buyer, the first questions are who was named as seller, who received the money and what obligations the platform operator assumed. Under the current consumer rules, an aggregator is not automatically liable for every seller breach; liability depends on the information supplied and the operator’s own conduct.
If a prepaid order was not delivered, preserve the receipt, product page, order status, cancellation messages and refund correspondence. A chargeback or consumer-law route does not replace the need to file in bankruptcy when the liable entity is already insolvent.
Practical claim algorithm
- Identify every entity,Record legal names, tax numbers and roles from the offer, receipt and account.
- Check the case,Find the bankruptcy case and official Fedresurs notice for the relevant entity.
- Classify the right,Separate unpaid proceeds, prepayment, commission dispute and ownership of goods.
- Fix the amount,Prepare a reconciliation by transaction, fee, return and date.
- Preserve evidence,Export the account before access is restricted and keep original files.
- Observe the deadline,Follow the filing period and address stated in the official notice.
- Send the correct remedy,Use a monetary proof of claim or a separate property remedy as appropriate.
- Monitor objections,Track the court file, register and administrator’s response.
| Situation | Likely legal route | Main risk |
|---|---|---|
| Seller’s unpaid proceeds | Monetary proof of claim | Wrong debtor or incomplete reconciliation |
| Identifiable seller-owned goods | Recovery/exclusion analysis | Goods cannot be individualised |
| Buyer’s undelivered prepaid order | Refund claim against liable entity | Seller and payment recipient differ |
| Current post-petition service | Current-claim analysis | Incorrect date or legal classification |
Do not confuse operator and seller bankruptcy
Bankruptcy of the marketplace operator concerns the platform, settlements and infrastructure entity. Bankruptcy of an individual seller concerns that seller’s own debts and assets. The evidence, debtor and filing route differ.
For the separate seller scenario, see bankruptcy of a marketplace seller. The broader bankruptcy library is available in Bankruptcy articles.
Frequently asked questions
Who should a seller claim unpaid proceeds from?
The legal entity obliged to transfer the money under the offer and settlement reports. It must be matched to the debtor in the bankruptcy case.
Can goods be recovered from the bankrupt warehouse?
Possibly, but ownership and individual identification must be proved. A separate exclusion or recovery dispute may be required.
Who refunds the buyer?
It depends on who was the seller, who received the prepayment and what duties the operator assumed. Check the receipt, product page and aggregator terms.
Must the claim be filed in the register?
A monetary claim arising before the relevant bankruptcy date is generally filed under the register procedure; current claims are analysed separately.
Is Federal Law No. 289-FZ already effective?
No. As at 29 August 2026 it has not entered into force; its effective date is 1 October 2026.
Official sources
- Federal Law No. 289-FZ on the platform economy
- Rospotrebnadzor — liability to consumers on marketplaces
- Rospotrebnadzor — marketplace returns
- Federal Law No. 127-FZ on Insolvency
- Fedresurs bankruptcy register
Need to claim money or recover goods?
I can review the contractual structure, debtor, evidence and filing deadline without promising admission to the register or return of property.
Initial consultationThis material is for general information. The outcome depends on the operator’s role, documents, claim date and judicial assessment. Federal Law No. 289-FZ enters into force on 1 October 2026. Reviewed on 29 August 2026.