Earlier arrears
Split by billing period and handled under the bankruptcy claim rules.
New charges
Current claims paid according to statutory priority and available funds.
Capital repair
A housing charge with its own calculation, creditor and property-history issues.
How to split the account
| Period or charge | Bankruptcy treatment | Evidence |
|---|---|---|
| Before petition acceptance | Usually a register claim | Billing months, creditor, calculation, court order and payments |
| After petition acceptance | Current payment | Service period, third current priority and chronological order |
| Penalties | Follow the underlying obligation subject to special rules | Accrual period, legal basis and separate calculation |
| Capital-repair contributions | Earlier and current periods are separated | Owner, regional operator, account history and transfer of title |
| Housing subsidy or compensation | Does not reduce the balance unless actually credited | Award decision, payment purpose and account entry |
Can utility arrears be discharged?
At the end of the asset-realisation procedure the court determines whether the individual is released from obligations. Ordinary pre-cut-off utility arrears may fall within that release if no statutory exception applies and the debtor acted in good faith. They do not disappear when the petition is lodged and an account provider may require the final court order before correcting its records.
Unpaid current claims survive under Article 213.28(5) of Law No. 127-FZ. A debtor should therefore keep paying new bills where possible, send the bills to the financial administrator and monitor the statutory priority instead of assuming a future discharge.
Identify the creditor
Management company
Housing maintenance and utilities depend on the building’s contractual model.
Resource supplier
Direct contracts and individual resources need a separate calculation.
Capital-repair fund
Contributions, penalties, ownership and account history must be verified.
Association or cooperative
An aggregate balance alone does not prove every mandatory charge.
Action plan
Obtain the court date
Download the petition-acceptance order and mark the cut-off date.
Collect account histories
Request monthly charges from every supplier, manager, association and repair fund.
Allocate periods
Separate amounts before and after the cut-off, payments and adjustments.
Verify the creditor
Check management contracts, direct contracts, owner resolutions and payee details.
Send the evidence
Provide bills, demands and proof of current payments to the financial administrator.
Reconcile after the case
Compare the final order, register, current balance and each personal account.
Capital repair and transfer of title
Article 158(3) of the Housing Code links capital-repair contributions to ownership and contains special rules for an unpaid obligation when title changes. A bankruptcy sale or other transfer therefore requires a period-by-period analysis. One cannot promise that the account history will disappear merely because the former owner completed bankruptcy.
If a charge is wrong, challenge its actual calculation: floor area, tariff, period, benefit, meter data, owners’ resolution and service supplied. Bankruptcy classification and the correctness of the charge are separate issues.
Frequently asked questions
May I stop paying utilities after filing?
No. New charges continue to arise and are generally current payments that survive the case.
Are old arrears always discharged?
No automatic promise is possible. The court rules after the procedure, considering the claim and statutory exceptions.
Are capital-repair charges current payments?
Charges for periods after petition acceptance fall within the third current priority under Article 213.27. Earlier periods are separate.
Does a current utility claim enter the register?
No. Current claims use a separate route, although the creditor must still prove the amount and period.
What if the provider keeps an old balance after discharge?
Send the final court order and a period allocation, then challenge the identified surviving balance or incorrect charge through the proper route.
Primary legal sources
- Article 5 of Insolvency Law No. 127-FZ
- Article 213.27 on current-payment priority
- Article 213.28 on release from obligations
- Section VII of the Russian Housing Code
- Russian Commercial Court Docket
Related guides
Current payments · Protected payments · Debts that survive bankruptcy
Need a period-by-period review of utility arrears and current charges?
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