Lawyer Pavel PetrovLawyer Pavel Petrov

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Supplier Bankruptcy in Russia: Delivery, Prepayment and Buyer Claims

Short answerWhen a Russian supplier enters bankruptcy, the buyer must separate pre-existing debt, future delivery and post-filing performance. A refund of an old prepayment is generally filed in the bankruptcy case, while later delivery and payment may have a different status. Continuing payments without checking the procedure, authority and realistic performance is risky.
01

Prepayment made

Record the amount, delivery deadline and monetary-claim basis.

02

Partial delivery

Reconcile invoices, quality, completeness and the remaining obligation.

03

Ongoing supply

Approve new operations only after checking the case and authority.

Buyer claim map

FactPotential claimEvidence
Prepayment made and delivery overdueRefund, interest and permitted contractual remediesContract, payment and deadline
Only part deliveredUndelivered value or performance if still availableInvoices, delivery documents and reconciliation
Defective goodsRepair, replacement, price reduction or damages as applicableAcceptance report, notice and expert evidence
Post-filing performancePotential current-claim treatmentWhen the obligation arose, not merely the invoice date
Do not set off claims or return goods without a separate review. Bankruptcy may restrict set-off, performance and asset disposal.

Buyer workflow

Fix the balance

Reconcile payments, deliveries, returns, quality and signed records.

Check the procedure

Review the case file, bankruptcy register, filing date and court order.

Classify the claim

Separate registered debt, current operations and secured claims.

File the evidence

Submit the claim within the applicable period and serve participants.

May the buyer terminate supply

Russian Civil Code Article 523 permits unilateral withdrawal for material supply breach. Bankruptcy itself is not the breach: delay, recurrence, quality, contract terms and completed performance must be established.

  • review the unilateral-withdrawal clause and notice method;
  • separate future-delivery termination from refund of an old advance;
  • keep delivery evidence for the notice;
  • determine the status of goods held for the supplier;
  • never create fictitious delivery records.

FAQ

Will the whole advance be refunded?

There is no automatic payment. The claim is established and paid under bankruptcy priority if funds exist.

May the buyer demand the goods?

That depends on the subject, performance stage and claim character.

Must payments continue?

Only after checking reciprocal performance, details, authority and case restrictions.

What is a current claim?

Classification turns on when the monetary obligation arose under Bankruptcy Law Article 5, not merely the invoice or demand date.

Official sources

Related guides: creditor claim filing, current claims and contractor-company bankruptcy.

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