Goods delivered to a Russian warehouse operator do not become its property or enter its bankruptcy estate merely because they are stored at the debtor’s facility. Actual recovery depends on lot identification, records, stock count and the rights of the person in control. Shortage, damage, storage charges and premises rent require separate treatment.
Separate the goods
Customer inventory is not the operator’s stock and needs a distinct inventory line.
Records connect custody
Acceptance deeds, waybills, bin registers and warehouse documents trace receipt and movement.
Control may change
The debtor, landlord and contractor may control the premises, staff and goods separately.
Quick self-check
- The goods owner and contractual depositor are identified.
- Contract, deeds, waybills, access records and stock register are collected.
- The lot is identified by marking, batch, bin or quantity.
- Physical quantity and condition have been reconciled.
- The insolvency case, procedure and administrator are identified.
Identify the Goods Owner
Map title first: supplier, buyer, principal, secured creditor and depositor may be different parties. Compare the sale contract, title transfer, payment, transport records and storage acceptance. Where fungible goods were mixed, one waybill may not prove the recoverable lot.
Reconcile Physical Stock
Request inventory records, WMS exports, gate logs, bin registers, photos, video and movement history. Reconcile quantity, packaging, batch, expiry and damage with the person controlling the facility.
Agreed fungible storage and accidental mixing differ
Article 900 of the Russian Civil Code normally requires return of the same item. Where the contract expressly provides for fungible storage under Article 890, goods of the same kind and quality may be mixed; the return obligation follows their kind, quality and agreed quantity. Physical mixing alone does not establish that the parties agreed to that regime.
Check the contract and stock-accounting method before demanding a particular pallet. For agreed fungible storage, reconcile the aggregate stock and receipts and releases across lots; a dispute over a specific item calls for its identifiers and movement history. If stock is insufficient, one document alone cannot guarantee release without considering other owners’ rights.
Documents to attach to a release request
- The storage contract and annexes: storage regime, address, release and retention terms.
- Title and delivery records: waybills, acceptance deeds and warehouse documents.
- A lot register: description, quantity, markings, batch, bin, condition and reconciliation date.
- A discrepancy report, WMS export and stock correspondence; if access was refused, the request and response.
- The recipient’s authority and a proposal to agree the date, access pass, transport and bilateral handover record.
List available goods for release separately from missing items. Ask for the written basis for refusal or retention and the debt calculation. Address the contract party and identified custodian; during insolvency proceedings, notify the appointed administrator of the disputed goods.
Recover Third-Party Property
The owner should request exclusion of its goods from debtor assets and arrange documented handover. Do not remove a lot unilaterally: site access, other owners, commingling, preservation of evidence and justified release costs may matter.
Shortage, Damage and Retention
If goods are missing or damaged, record discrepancies, identify timing and cause, value the loss and determine the responsible party. A claimed right of retention is not automatic. Under Article 359 of the Russian Civil Code, check the basis and due date of the debt, possession by the creditor and the contract terms. Where both parties act as entrepreneurs, retention may also secure claims unrelated to payment for the goods or expenses on them. The absence of charges for that particular lot therefore does not by itself resolve the retention dispute.
- record actual stock;
- separate recovery from money claims;
- calculate shortage once;
- review insurance recovery;
- select the procedural remedy.
Premises, Equipment and Payments
Racks, forklifts and software may belong to the debtor, landlord, lessor or contractor. Pre-petition storage, post-petition custody and premises rent have different legal bases. The underlying period and obligation matter more than a late invoice date.
| Item | Review | Action |
|---|---|---|
| Customer goods | Title, receipt and identity | Seek documented return |
| Commingled lot | Quantity and fungibility | Reconcile and separate |
| Shortage | Timing, cause and value | Form a monetary claim |
| Forklift or rack | Title, rent or finance | Separate third-party equipment |
| Post-petition storage | Period and legal basis | Review current payment |
Frequently Asked Questions
May the administrator sell customer goods?
Third-party goods are not sold as debtor assets, but title and the specific lot must be proven.
What if identical goods were mixed?
First check whether the contract expressly permits fungible storage. If so, return follows kind, quality and quantity; accidental mixing requires reconciliation, movement evidence and assessment of the proper remedy.
May the warehouse retain goods for unpaid charges?
Not always. Request the written basis and calculation, then compare them with the contract and the rules explained above.
Who is liable for loss: operator or landlord?
It depends on contract, actual control, cause and each participant’s conduct.
Where is the shortage value claimed?
The route depends on origin date and case stage; a money claim may be handled in insolvency.
Legal Sources
- Russian Civil Code Part Two: Storage and Warehousing.
- Federal Law No. 127-FZ.
- Federal Bankruptcy Register.
Related guides: transport company bankruptcy, freight forwarder bankruptcy and corporate bankruptcy.
For ownership evidence and the appropriate remedy, see recovering your property from a bankrupt company, including the correct claim and a threatened sale.
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BOOK AN INITIAL CONSULTATIONGeneral information as at 21 October 2026. Treatment depends on title, identification, contract, actual control and case stage.