Debt Under a Receipt in Russian Bankruptcy

A debt evidenced by a written receipt may be claimed in Russian personal bankruptcy, but the receipt does not guarantee admission to the creditors’ register. The court may examine the actual transfer, the lender’s financial capacity, the parties’ conduct and whether the debt was artificial.

Short answer

For the debtor: an ordinary private loan generally participates with other monetary claims. For the creditor: the claim must be filed with the arbitrazh court on time and supported by proof of transfer. Discharge is determined after completion under Article 213.28.

The receipt evidences the loan

Article 808 of the Civil Code permits a borrower’s receipt to prove the loan and transfer.

Reality is examined

The court may consider the source of funds, payments, correspondence and purpose.

The creditor needs the register

The claim is filed in the bankruptcy case under Federal Law No. 127-FZ.

Discharge is not automatic

The result depends on the final act, good faith and statutory exceptions.

What changes after bankruptcy begins

Situation	Creditor	Debtor
Restructuring introduced	Check EFRSB and file the claim with evidence.	Disclose the debt to the financial manager.
Sale of assets introduced	Confirm status and participate in the case.	Avoid selective payments without advice.
Receipt disputed	Prove transfer and capacity to lend.	Raise precise objections with evidence.
Procedure completed	Check whether the claim survives.	Read the final act and Article 213.28.

What the creditor should prove

Admission affects all creditors, so private loans may be examined closely, particularly between relatives or affiliated persons.

when and how money was transferred;
where the lender obtained the amount;
repayment terms, interest and payments;
correspondence, bank records and recovery efforts;
why a long-overdue claim was not pursued earlier.

Backdated receipts are dangerous

A fictitious or backdated receipt intended to create a controlled vote or dilute genuine creditors risks rejection and other consequences. Present the true loan history rather than manufacture documents.

Creditor’s steps

Find the case in EFRSB and the Arbitrazh Case File.
Check the period. Article 213.8 provides two months from publication for participation in the first meeting; restoration is decided by the court.
Prepare the receipt, transfer evidence, calculation and source-of-funds documents.
File the claim and notify participants.
Answer objections with specific evidence.

Debtor’s steps

Disclose the debt and creditor.
Provide receipts and payment records.
Do not sign backdated documents or prefer one creditor.
If unfunded, repaid or forged, raise precise objections.
Read the final discharge ruling.

Is receipt debt discharged?

A receipt does not make debt automatically non-dischargeable or automatically discharged. An ordinary loan may fall within discharge, but Article 213.28 exceptions and the debtor’s conduct matter. Admission is not a guarantee of payment, and completion is not unconditional cancellation of every claim.

Frequently asked questions

Is a receipt mandatory?

No single document is mandatory in every case, but the creditor must prove the claim. A receipt is strong, not absolute, evidence.

Can a claim be admitted without a judgment?

Yes. It may be established in the bankruptcy case.

What if cash was transferred?

The source and circumstances may need additional proof.

Can the creditor file after two months?

Consequences depend on the stage and reason; restoration is for the court.

Does separate enforcement stop?

Monetary claims become subject to special bankruptcy rules.

What happens to interest?

Composition and amount are fixed under the applicable bankruptcy rules.

Does notarisation guarantee admission?

No. It does not replace proof of actual transfer.

How is a fictitious receipt challenged?

Examine the source of funds, relationships, payments, dates and economic purpose.

Debt Under a Receipt in Russian Personal Bankruptcy