MFC is available only when Article 223.2 conditions are all met. Orphan status is not a substitute for the debt and enforcement tests. See the MFC conditions.
Housing rights and the bankruptcy estate
| Situation | General treatment | Evidence |
|---|---|---|
| Specialised tenancy | The apartment is not owned by the tenant and does not enter the estate. | Tenancy agreement, allocation decision and property-register extract. |
| Placement on the public housing list | A future statutory entitlement is not an apartment already owned by the debtor. It must be disclosed but cannot simply be sold as owned property. | Listing decision and correspondence with the authority. |
| Apartment already owned | Article 213.25 and ordinary exemption rules apply. Mortgage and excessive-value issues require a separate review. | Register extract, acquisition documents, mortgage and residence evidence. |
| Targeted housing payment | The statutory purpose must be proved. Funds should not be mixed with ordinary receipts or spent contrary to programme rules. | Award decision, special account, contract and regional rules. |
Benefits, scholarship and salary
Protection follows the legal source, not the everyday name of a payment. Child benefits and other receipts expressly listed in Article 101 of Law No. 229-FZ are protected. An ordinary scholarship, salary or family transfer is not automatically protected in full; the statutory minimum remains available and additional exclusions depend on evidence and circumstances.
See the guide to payments outside the bankruptcy estate.
Step-by-step preparation
- List debts. Separate loans, utilities, taxes and potentially non-dischargeable claims.
- Identify the housing status. Tenancy, waiting-list rights, a housing payment and ownership have different effects.
- Classify income. Separate benefits, scholarship, salary and targeted housing money.
- Review enforcement proceedings. They determine whether MFC may be available.
- Disclose assets and transactions. Include shares, accounts and housing transactions.
- Attach authority decisions. They show who owns the property and what future entitlement exists.
Document checklist
Housing
Special-tenancy agreement, listing decision, housing-payment documents, property extract and mortgage records.
Income and support
Scholarship and salary certificates, benefit awards and bank statements showing payment purpose.
Debts and enforcement
Contracts, creditor demands, judgments and bailiff decisions.
Frequently asked questions
Can an apartment not yet received be taken?
No owned object means no apartment in the estate. The entitlement must still be disclosed.
Does bankruptcy remove a person from the housing list?
Bankruptcy itself is not listed in Law No. 159-FZ as an automatic removal ground. The current status should be confirmed with the authority.
Are utility debts discharged?
Pre-filing debt must be separated from current charges. Current obligations continue.
Can the petition be filed through Gosuslugi?
Gosuslugi does not replace the commercial court or MFC.
Must a housing payment be reported?
Yes. Its purpose and restrictions should be disclosed and documented.
Official sources
- Federal Law No. 159-FZ
- Article 8 of Law No. 159-FZ
- Article 213.25 of Law No. 127-FZ
- Article 101 of Law No. 229-FZ
Housing, payments and debts can be checked without promising a predetermined outcome.
Initial consultation